Terms of Use

Revised: July 22, 2020

Your acceptance of, and compliance with, these terms and conditions (“Terms of Use”) is a condition and requirement to your use of the Site and Services. By using the Site or the Services an you acknowledge that you have read, understood, and accepted all terms and conditions contained within these Terms of Use and the Privacy Policy. Read these Terms of Use carefully because they set forth the important terms about the Site and the Services. By using the Site or the Services you agree to abide by these Terms of Use as well as all applicable laws and regulations of applicable governmental authorities. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Site or Services. Your access to and use of the Site or Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. If you do not agree with these Terms of Use, do not use the Site or the Services. Opt Health reserves the absolute right to modify these Terms of Use at any time, which shall be effective immediately upon posting to the Site.

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

NOTICE OF ARBITRATION: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND OPT HEALTH OR YOU AND OPT MEDICAL GROUP OR PROVIDERS RELATED TO OR ARISING OUT OF THESE TERMS OF USE OR THE SERVICES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR TO PARTICIPATE IN A CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.

Opt Health’s Site and Services are not for medical emergencies or urgent situations. Do not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. You should continue to consult with your primary provider and other healthcare professionals as recommended. You agree to seek the advice of a physician or other qualified healthcare provider with questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

These Terms of Use govern your use of the online platforms, properties, mobile and web apps, and interfaces owned and controlled by Opt Health, Inc., including www.getopt.com (the “Site”), as well as the healthcare management or administration services (“Services”) available to you via the Site. Opt Health, Inc. (“Opt Health”, “we,” “us,” and “our”) contracted with Opt Health CA, P.C. (for purposes of this Terms of Use only, Opt Health CA, P.C. shall be referred to as “Opt Medical Group”) regarding any medical consultations between Opt Medical Group health care providers (individually a “Provider” and collectively the “Providers”) and their patients. Professional medical services (which are provided by Opt Medical Group) and the non-clinical services (which are provided by Opt Health) are collectively referred to in this Terms of Use as the “Services.” The terms “you” and “your” shall mean you, your dependent(s), if any, and any other person using or accessing your digital Opt Health Account or the Services on your behalf.

You understand and acknowledge that Opt Health, Inc. provides managerial and administrative services to Opt Health CA, P.C., which is independently owned by licensed physicians. Opt Health, Inc. does not own Opt Medical Group, employ or in any way supervise or control the Providers providing care. The care provided by Opt Medical Group is the sole responsibility of the Providers Opt Medical Group employs or contracts with. You fully understand that medical care provided by Opt Medical Group shall be completely separate and apart from any care you may receive by any other practice or medical group. This document has been reviewed and approved by the entities listed above.

The Site located at www.getopt.com and the Opt Health web and mobile applications are owned and operated by Opt Health. All clinical Services are performed by Opt Health Medical Group. All pages and materials (unless otherwise indicated) within this Site are the property of Opt Health, or its licensors or suppliers, as applicable. The Site is protected by US and international copyright and trademark laws. All rights not expressly granted to you in these Terms of Use are reserved and retained by Opt Health. These Terms of Use permit you to use the Site 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 the Site except as permitted by these Terms of Use. You must not access or use for any commercial purposes any part of the Site or Services or materials available through the Site. You agree not to misuse the Site or Services and agree that you shall only use the Site and Services only as permitted by law.

Medical Advice & Medical Care Understanding and Acknowledgment

By using the Site, you acknowledge and agree that Opt Health is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other health care provider-patient relationship with Opt Health. Opt Health does not provide medical advice or medical care. Opt Health engaged Opt Medical Group, an independent, physician-owned medical service company with US-based Providers that provide clinical services to patients. Clinical services are delivered to clients by Opt Medical Group Providers. Opt Medical Group independently contracts or employs Providers. Opt Health does not contract or employ Providers.

You agree that the Providers, and not Opt Health, are responsible for the appropriateness and quality of the care rendered to you. The Providers are independent of Opt Health. Any information or advice received from a Provider comes from the Provider alone, and does not come from Opt Health. Interactions with Providers are not intended to, and shall not, replace your relationships with your other healthcare practitioners or your primary care physician.

Neither Opt Health, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service, shall be liable for any professional advice provided by a Provider, nor any information obtained on the Site. You agree that any reliance on any Provider or information delivered by a Provider is solely at your own risk and you assume full responsibility for all risks associated therewith.

You agree to diligently seek the advice of your qualified health care professionals with any questions or concerns regarding your medical conditions and any individual needs related thereto. Opt Health does not make any representations or warranties about the training or skill of any Providers who deliver clinical services. You agree that you are ultimately and fully responsible for choosing your particular healthcare provider. You agree that the content of the Site and the Services, including without limitation, illustrations, copy, video, text, audio, photographs, graphics and other visuals, is for informational purposes only and DOES NOT constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Opt Health. You acknowledge and agree that any information provided by Opt Health on the Site is for general informational purposes only and does not create a provider-patient relationship as defined by state or federal law. While Opt Health facilitates care coordination or administration, Opt Health does not provide medical services or clinical services, and the doctor-patient relationship is between you and the Opt Medical Group Provider.

You understand that if you receive medical care from a Provider, the risks and benefits of treatment will be explained to you and you will have the opportunity to ask the Provider questions about such risks and benefits of treatment and anything else you do not understand about the treatment.

You acknowledge and agree that Opt Medical Group and/or Providers may send you messages, reports, and emails regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Opt Health, Opt Medical Group nor any Provider will be responsible in any way and you will not hold Opt Health, Opt Medical Group nor any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to messages or for your failure to comply with any treatment recommendations or instructions from the Opt Medical Group or your Providers.

Financial Responsibility & Prescriptions

You understand and acknowledge that Opt Health and Opt Medical Group are not enrolled with or a participating provider with any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies. You understand that neither you, Opt Health, nor Opt Medical Group shall receive any payments from such federal or state healthcare programs for the Services or products provided to you by Opt Health and Opt Medical Group. By choosing to use the Services, you are explicitly choosing to obtain Services and products on a cash-only basis outside of any federal or state healthcare program. Therefore, you are fully and solely responsible for all costs of any Service or product provided to you by Opt Health and Opt Medical Group. You acknowledge and agree that (i) neither you, Opt Health, Opt Medical Group, nor the Providers will submit any claims for reimbursement to any federal or state healthcare program for the costs of the Services and (ii) you are explicitly choosing to obtain products and services on a cash-only basis outside of any federal or state healthcare program and you have sole financial responsibility for all Services.

Certain Services require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed the required steps, the Provider has determined the prescription is appropriate for you, and the Provider has written a prescription. If a Provider determines a prescription is appropriate for you and writes a prescription, the prescription will be shipped directly to you at your chosen location.

Privacy Policy

The Privacy Policy shall govern information provided by you in connection with the Services and Site. The Privacy Policy is hereby incorporated and made a part of these Terms of Use.

Returns for Damaged or Lost Products

Orders that are provided by third party pharmacies are generally not returnable, except in cases of damage or loss. In the event of damage or loss, please email [email protected] and your inquiry will be addressed promptly. If a replacement is appropriate, a replacement order will be shipped to you at no additional expense.

Appointment Cancellation

If you schedule an appointment with a Provider that requires payment and you (i) cancel the appointment less than 24 hours prior to the scheduled appointment time or (ii) do not attend the appointment with the Provider at the agreed time or place without at least 24 hours advance notice, you will not be refunded for the missed appointment. If you change an existing appointment with greater than 24 hours notice prior to the scheduled appointment time, then your current payment will either be refunded and a new payment will be required, or, your current payment will be used for the new rescheduled appointment.

Payments and Recurring Payments

You understand by providing your payment information on the Site you authorize Opt Health or Opt Medical Group to charge or facilitate the charge of such payment information, including for automatic recurring payments, for all items and/or Services. Certain Services are offered on a subscription basis. For subscription-based Services, your chosen payment method will be charged at regular intervals automatically as described for that Service. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing [email protected]. You understand that the cost of Services, including medications, are final and not refundable (except as otherwise set forth herein). You understand you will not receive refunds for any treatments or medications, including unused or unopened treatments and medications, unless otherwise set forth herein.  You agree that Opt Health and/or Opt Medical Group may store any payment information that you provide for the purposes of recurring payments that you have chosen to participate in as part of any membership or subscription programs or plans.

If you are delinquent on any payments, Opt Health and Opt Medical Group reserve the right to discontinue Services. Opt Health may use third-party services for the purpose of facilitating payment and the completion of the purchases for Services rendered by Opt Medical Group in conjunction with use of the Site or the Services. By submitting your payment information, you grant Opt Health and Opt Medical Group the right to provide information to these third parties.

You represent and warrant that (i) any payment information you supply is accurate, true, and complete, (ii) any charges incurred for Services will be honored by your credit/debit card company or bank, (iii) you will pay all charges incurred by you including applicable taxes, and (iv) the payment card is in your name and you are authorized to use such card for purchases.

Site Access

You represent and warrant that you are at least 18 years old. You agree to fully, accurately, and truthfully create your Opt Health Account, including without limitation with respect to the following information: name, address, phone, email, and password, which become your “Opt Health Login Information.” You will not allow anyone else to use your Opt Health Login Information and agree to notify Opt Health immediately of any actual or suspected unauthorized use of your Opt Health Login Information. You agree that your access to the Site may be revoked at any time with or without cause at Opt Health’s sole and absolute discretion. The Opt Health Login Information is personal to you, and you are responsible for maintaining the confidentiality of your Opt Health Login Information, and for all activities that occur under or with such Opt Health Login Information.

You agree that you will not breach or attempt to breach security pertaining to the Site in any way.

You understand that Opt Health and Opt Medical Group operate subject to state and federal laws, and the Services may not be available in the state in which you are located. You hereby represent that you are not barred by any law from enrolling for and/or receiving the Services. Use of the Services is limited exclusively to users located in those certain States within the United States where the Services are available. Services are available only for users located inside the United States. You agree not to access the Site or use the Services in places where the Site or Services is not allowable by law.

Limitation of Liability

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

OPT HEALTH SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF OPT MEDICAL GROUP OR THE PROVIDERS.

YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OPT HEALTH, OPT MEDICAL GROUP, THE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

Opt Health makes no representations, warranties or guarantees as to the correctness or accuracy of the Site, Service descriptions, or other content on the Site. Information contained on the Site may be changed or updated without notice. Additionally, you agree that Opt Health has no responsibility or liability for information or content posted to the Site by any third party. Opt Health reserves the right to change any functionality or feature of the Site or the Services at its sole discretion. Opt Health is not responsible for the internet or data bandwidth and signal of your mobile device.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Site. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported as identified below. If you believe in good faith that materials appearing on the Site infringe your copyright, please send us a notice requesting that the material be removed, or access to it blocked. You may deliver the notice to Opt Health, Inc., Attn: Legal Department595 Pacific Ave, 4th Floor, San Francisco, CA 94133, or email us at: [email protected]com. 

Intellectual Property

With the exception of your electronic medical records, Opt Health and Opt Medical Group, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, documentation, software, or other materials on the Site, and any intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Opt Health or Opt Medical Group (in such case, the license provider retains all right, title, and interest therein). Unless otherwise approved in writing by Opt Health, use, reproduction, copying, or redistribution of Opt Health or Opt Medical Group trademarks, service marks, and logos is strictly prohibited. Use, reproduction, copying, or redistribution of third party trademarks, service marks, and logos posted on the Site is strictly prohibited.

All Warranties Disclaimed

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPT HEALTH, OPT MEDICAL GROUP, AND THE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

OPT HEALTH AND OPT MEDICAL GROUP DO NOT GUARANTEE THAT THROUGH USE OF THE SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. OPT HEALTH DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM ACCESS TO HEALTH CARE MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PROPERTY OR PERSON FOR ANY REASON, INCLUDING AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING FAILURE TO COMPLY WITH ANY MEDICAL ADVICE OR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO PRESCRIPTIONS OBTAINED THROUGH THE SERVICES.

OPT MEDICAL GROUP PROVIDERS SHALL USE THEIR INDEPENDENT MEDICAL JUDGMENT AND DISCRETION REGARDING WHETHER TO PRESCRIBE DEA CONTROLLED OR SCHEDULED MEDICATIONS, OR OTHER MEDICATIONS THAT MAY HAVE HARMFUL EFFECTS IF ABUSED. YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT THE USE OR MISUSE OF ANY PRESCRIPTIONS OBTAINED AS A RESULT OF THE USE OF THE SERVICES MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES.

BY USE OF THE SITE, YOU HEREBY ASSUME ABSOLUTE RESPONSIBILITY AND RISK FOR YOUR USE THEREOF, INCLUDING ALL SITE-RELATED SERVICES, AND LINKED WEBSITES.

WARRANTIES RELATING TO SERVICES OFFERED AND SOLD BY OPT HEALTH MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY OPT HEALTH, OPT MEDICAL GROUP OR OTHER THIRD PARTIES IN CONNECTION WITH THE SERVICES.

To the extent that Opt Health or Opt Medical Group may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Opt Health or Opt Medical Group liability will be the minimum permitted under such applicable law.

User Information

You agree not to provide any user information that (i) is untrue, false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, or (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity.

You agree not to: (i) use the Site or Services to violate any local, state, national or international law; (ii) post or transmit information in which you impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iii) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (iv) distribute viruses or other harmful computer code through the Site; or (v) otherwise use the Services or Site in any manner that exceeds the scope of use by these Terms of Use.

Arbitration; Waiver of Class Actions

ANY DISPUTE ARISING UNDER OR RELATING IN ANY WAY TO THESE TERMS OF USE, THE SITE, OR THE SERVICES WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA, UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT THAT EITHER PARTY MAY BRING A CLAIM RELATED TO INTELLECTUAL PROPERTY RIGHTS, OR SEEK TEMPORARY AND PRELIMINARY SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF, IN ANY COURT OF COMPETENT JURISDICTION, WITHOUT THE POSTING OF BOND OR OTHER SECURITY. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.

No Third Party Rights

Unless otherwise explicitly stated, nothing herein is intended to confer any rights or remedies on any persons other than you, Opt Health, Opt Medical Group, and their affiliates. Nothing in the Terms of Use shall relieve or discharge any obligation or liability of any third party or third persons to you, Opt Health, Opt Medical Group, and its affiliates. No provision hereof shall give any third party or third person any right of subrogation or action against you, Opt Health, Opt Medical Group, or its affiliates.

Law; Severability

It is a violation of these Terms of Use and explicitly prohibited to access the Site and Services from jurisdictions where the contents of the Site or the Services are unlawful or subject to penalty. This Site and the Services are owned and operated in California. Any party that accesses the Site or the Services from outside California choose to do so of their own volition and is fully responsible for compliance with all applicable local laws. All parts of these Terms of Use shall apply to the maximum extent permitted by law. Any lack of enforcement of a provision of these Terms of Use does not constitute a waiver thereof. All parties agree that if a portion of these Terms of Use cannot be enforced as drafted, then such portion will be replaced with terms that match the intent of the unenforceable portion, to the maximum extent permitted by law. Except as otherwise provided in these Terms of Use, the invalidity of any portion of these Terms of Use shall not affect the validity and enforceability of the other portions. Section headings are for convenience only and do not have any force or effect.

The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Francisco, California, for any action related to these Terms of Use.

Indemnification

You agree to defend, pay, discharge, satisfy, indemnify and hold Opt Health, Opt Health Medical Group, the Providers, and all of their respective officers, directors, shareholders, managers, affiliates, members, partners, agents and employees, harmless from and against any and all liabilities, losses, damages, fines, punitive damages, debts, costs, penalties, expenses, including, without limitation, attorneys’ fees, court costs, and other litigation expenses arising out of, relating to, or connected with, any and all claims, actions, obligations, judgments, demands, causes of action, lawsuits, and liabilities asserted by any third party against Opt Health, Opt Health Medical Group, and all of their respective officers, directors, shareholders, managers, affiliates, members, partners, agents and employees, that arise out of, or result from: (i) your use or misuse of the Site, the Services, or any information located on the Site or in the Services; (ii) any information you upload to or transmit through the Site (iii) your violation or breach of these Terms of Use or the Privacy Policy; (iv) the content or subject matter of any information you provide to Opt Health, Opt Health Medical Group, or any Provider; and/or (v) any negligent or wrongful act or omission by you, including without limitation, negligent or wrongful conduct.

Revisions; General

Opt Health, in its sole and exclusive discretion, reserves the absolute right to suspend or cancel your access to all or part of the Site or the non-clinical Services. Any use of the Site or the Services shall be deemed an acceptance of the most recent version posted of the Terms of Use. You agree to review the Terms of Use each time you access the Site so that you may be aware of any changes to these Terms.

If a governing authority holds portions of these Terms of Use unenforceable, then such unenforceable provisions shall be modified by the minimum amount necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Opt Health and you pertaining to the subject matter hereof. Be advised that certain provisions of these Terms of Use may be superseded by certain legal notices or terms located on particular pages or sections of the Site, within the Services, or within other agreements between you and Opt Health or Opt Health Medical Group.

Copyright 2020 Opt Health, Inc. All rights reserved. All trademarks, logos, and service marks displayed on the Site are the property of Opt Health or third parties.

How to Contact Us:

Opt Health, Inc.
595 Pacific Ave, 4th Floor
San Francisco, CA 94133
Email: [email protected]