Revised: July 22, 2020
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.
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.
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.
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.
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.
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.
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 Department, 595 Pacific Ave, 4th Floor, San Francisco, CA 94133, or email us at: [email protected]com.
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.
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.
Arbitration; Waiver of Class Actions
No Third Party Rights
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]