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Terms of Use

Effective Date: April 17, 2026

Welcome to the CLYNE HEALTH™ website clynehealth.com (the "Site"). CLYNE HEALTH™ LLC (collectively "CLYNE HEALTH™", "Company", "we", "our" or "us") provides this Site for your personal use. Please read these Terms of Use carefully.

Terms and Conditions for the Use of This Site

These Website Terms of Use ("Terms of Use") describe the terms and conditions of use of this website by you, the website viewer, and your rights and responsibilities as a user. By: (a) accessing and using our Site, (b) providing payment for and/or using any Services provided by us thereunder, and/or (c) providing your personal information to us, you agree and are thus bound by all of the terms and conditions set forth herein, whether or not you register for a user account ("Account") with us. For more information on our privacy practices, visit our Privacy Notice. As used throughout these Terms of Use, the term "Services" means the information and resources offered on this Site. While there is a separate, third party portal available for access through the Site, it is not part of our "Services." Instead, the portal is operated by our third-party telehealth provider ("Portal").

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

By accessing and using this Site, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Notice, please leave this Site.

THESE TERMS OF USE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, WAIVER OF JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.

Should you find other terms, conditions, or disclaimers on pages, applications, or programs within the Site, and you believe there is a conflict between these Terms of Use and those terms, conditions, or disclaimers posted for that particular area of the Site, the terms, conditions, or disclaimers for that particular page, application, or program will take precedence to the extent there is a conflict. Additionally, any conflict arising between these Terms of Use and our Privacy Notice shall be resolved by the Privacy Notice taking precedence with respect to the subject matter in question.

Site Content

We operate this Site to facilitate our Services. Our Services allow you to choose to connect with third party licensed health care professionals concerning health issues, prescriptions, and various health options ("Health Care Professionals") through the separate Portal. Health Care Professionals are a contracted network of physicians licensed in the state where you reside. While the Site is intended to serve the general public by providing general information about health care services and may facilitate connecting you with Health Care Professionals, CLYNE HEALTH™ does not itself directly provide any prescriptions or health care services. The Health Care Professionals are not employed by CLYNE HEALTH™. The Site is not offered as an alternative or substitute to medical services, advice, or referrals received directly from a licensed physician. Any potential or actual emergency should be handled by contacting 911 and/or seeking emergency care immediately.

Content on the Site is offered to the general public as educational and is strictly informational. Your use of the Site warrants that you will not use it for any purpose that is unlawful or prohibited by these Terms of Use. Although CLYNE HEALTH™ attempts to ensure the accuracy and integrity of the information on the Site, it makes no representations, warranties, or guarantees as to the accuracy of the Site and its content, and as such, it is possible that the Site could include typographical or other errors, or inaccuracies, and that unauthorized additions, deletions, and/or alterations could be made to the Site by third parties. In the event that any inaccuracy arises, please inform us so that it can be corrected.

The Site may provide access through links to third-party websites, which CLYNE HEALTH™ does not control and for which CLYNE HEALTH™ is not responsible. You use these third-party websites at your own risks and pursuant to the Terms and Policies of the third-party websites.

Providers We Use

We collaborate with MD Integrations ("MDI") to facilitate the delivery of telehealth services through Health Care Professionals. Pursuant to telehealth laws in California, Massachusetts, Rhode Island, and Vermont, MDI's contact information is below:

MD Integrations

100 Powell Place #1859

Nashville, TN 37204

mdintegrations.com

support@mdintegrations.com

In connection with its use of MDI's platform, CLYNE HEALTH™ and its customers agree to comply with MDI's Terms of Service and Privacy Policy, found at https://mdintegrations.com/tos (Terms of Service) and https://mdintegrations.com/tos#privacy (Privacy Policy).

For questions or concerns about MDI's Terms of Service or Privacy Policy, or to obtain a copy of the records pertaining to your telehealth visit, MDI can be reached at support@mdintegrations.com or via phone at (629) 777-5752. MDI's address is: 100 Powell Place #1859, Nashville, TN 37204.

You are responsible for ensuring the accuracy of information you provide to us, to our Health Care Professionals and to our Pharmacy Network. Inaccurate information may affect your use of the Services.

For inquiries regarding the licensure or identifying information of MDI and/or its specific Healthcare Professionals, please contact MDI directly at the information listed above. Our Site facilitates connections between patients and providers.

You have the option to select a pharmacy of your choosing for fulfillment of any prescriptions. For more information on the process for selecting your preferred pharmacy, please contact us at help@clynehealth.com.

Applicable Jurisdictions of Operation

Through our business partner, MDI, we facilitate connections with Health Care Professionals throughout all U.S. States and we also facilitate connections with Health Care Professionals in DC, Guam, and Puerto Rico for Erectile Dysfunction and hair loss. In some states, such as Mississippi and Louisiana, we may not be able to offer our full range of Services due to local laws and regulations.

Payment

By agreeing to these Terms of Use, you agree that you have reviewed and understand, acknowledge, and/or certify as true each of the terms below:

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing CLYNE HEALTH™ with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required.

You also agree that no claims in connection with Services rendered by CLYNE HEALTH™ and associated fees and charges may be submitted to Medicare, federal/state insurance payers, or private insurers by either you or CLYNE HEALTH™. You also understand and agree that CLYNE HEALTH™ accepts payment for the Services on behalf of its partners, including our Health Care Professionals, Pharmacy Network, MDI, and any pharmacy providers.

We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

You understand and agree that for any Services provided on an appointment basis, you may be responsible for a missed appointment fee according to the current fee schedule if you do not cancel a scheduled appointment at least twenty-four (24) hours in advance of the scheduled appointment time.

General Fees

Payments for Services rendered will be charged to the payment method you provide ("Payment Method"), and CLYNE HEALTH™ sends payment to its third party telehealth provider. You agree to pay CLYNE HEALTH™ all charges due at the prices then in effect for any Services rendered to you by Health Care Professionals. You authorize CLYNE HEALTH™, or a third-party billing partner, to charge you through your Payment Method for these Services. We reserve the right to correct any errors or mistakes made by any parties after payments have been requested or received. You may terminate your authorization for your Payment Method at any time by contacting the Company at help@clynehealth.com or by contacting the billing provider directly. Such notice will not affect any charges submitted to you for Services performed prior to the termination. We ask that you keep your billing information current and complete and update any information within 72 hours of a change. Please notify CLYNE HEALTH™ should your Payment Method be canceled or suspended for any reason.

Fraudulent Billing

Should you become aware of a potential breach of security for your Account or Payment Method, such as unauthorized disclosure or use of your username and/or password, please change your password to your Account immediately through your account settings. Unless you immediately notify the Company of any such concern, you agree that the Company may continue billing your Account or Payment Method for as previously agreed, unless you otherwise terminate the authorization for the Account or Payment Method.

Payment Method

If we do not receive full payment from the third-party payment manager who manages your payment method ("Payment Method Provider"), you agree to pay all amounts due on your Account when requested within sixty (60) days. Any terms imposed separately by your Payment Method Provider are independent of these Terms of Use.

Communications

You can send messages to a Health Care Professional through the account you establish on the third-party Portal (your "Portal Account"). You can also update your profile through your Portal Account. Communications sent to Health Care Professionals do not give rise to a provider-patient relationship or an ongoing treatment relationship and do not constitute medical treatment, diagnosis, therapy, advice, or services.

Telehealth, including all of the Services provided by CLYNE HEALTH™ individually and by MDI through the Portal, should not be used for emergencies. If you are or could be experiencing a medical emergency, please call 911 or seek emergency care immediately.

You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including, but not limited to: (1) email, using the email address that you provide to us during registration; (2) short messaging service ("SMS") or text messages, using the mobile number that you provide to us during registration; (3) push notifications, using the mobile number that you provide to us during registration; or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivered communication. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service. You can opt out of receiving future Communications through email, phone, or SMS text message by replying "STOP" or by calling the Company directly. Should you choose to opt out of receiving Communications, but you continue to use our Site and the Services, you are responsible for reading the content on our Site regarding any policy changes.

You understand that the Services require release of your PHI (Protected Health Information) and/or PII (Personally Identifying Information) to an online personal health record serviced by a third-party (in accordance with our Privacy Notice) and to Health Care Professionals and Company agents. By using the Site, you consent to such release.

By using the Site, Services, and/or Portal you consent to communication including, but not limited to, video, audio, and text communication. You consent to receiving emails or other communications from us regarding the Services you receive.

Benefits and Risks of Telehealth Services

Telehealth provides access to care in circumstances where it may be difficult to provide otherwise. The benefits of telehealth services may include improved and easier access to health care by enabling patients to remain in their own locations and more efficient health care evaluation and management, often at a lower cost compared to other alternatives.

Yet, as with any type of health care service, there are potential risks associated with the use of telehealth services and, hence, the Services provided via this Site. Among the most important are the following:

  • Information available to the Health Care Professional may not be sufficient to make a correct diagnosis or other medical decisions. There could be limitations, for example, in the information transmitted to the Health Care Professional; access to the patient's complete medical records, which could lead to incorrect diagnoses or adverse drug interactions or allergic reactions; and the physical examination that Health Care Professional can perform (in particular, information that can be obtained only by touching the patient or being physically present with the patient will not be available).
  • In some cases, the Health Care Professional may conclude that the information transmitted is not sufficient (e.g., poor resolution of images), or on some other basis the nature of your problem is such that it does not allow for the Services to be provided appropriately by the Health Care Professional without an in-person evaluation.
  • Similarly, some states and jurisdictions may require live consultations such that asynchronous telehealth visits are insufficient. CLYNE HEALTH™ complies with all applicable state regulations including requirements for live consultations.
  • In-person care with a PCP (Primary Care Physician) or specialist is an alternative to telemedicine.
  • Telehealth relies on electronic communications and devices. Any technical failure or power outage could therefore delay or disrupt such communications and hinder, delay, or erase our ability to assist you. These limitations could result in an incorrect diagnosis, which in turn could lead to treatment that is not helpful, or that could even be harmful; or to adverse drug interactions, allergic reactions, or other problems. Health Care Professionals performing Services through the Site are aware of these limitations and take them into account in making clinical decisions within the scope of their practice. Where necessary, these Health Care Professionals will refer patients to in-person care. The risk of error nevertheless exists.
  • No electronic communication is entirely safe from intruders. Security protocols could fail, causing a breach of privacy of personal medical or mental health information. See our Privacy Notice.
  • In some cases, applicable laws may prevent Health Care Professionals from providing the Services you desire through the Site. When that is the case, the Health Care Professional will refer you to an appropriate provider who can provide the services you desire.
  • CLYNE HEALTH™ makes no guarantee that You will receive a prescription or specific treatment through use of the Services. Physician discretion applies to determine whether any prescription or specific treatment is appropriate.
  • Since telehealth remains a relatively new approach to care, risks not yet identified, possibly significant, could also exist.

You are under no obligation, of course, to obtain care via telehealth. You may do so through conventional, in-person services instead of or in addition to these Services. Please feel free to provide feedback to the Company should you become concerned that care via telehealth may be insufficient for your needs. By using the Site, you consent to the provision of services via telehealth, and understand the risks and benefits.

Intellectual Property Permissions and Restrictions

CLYNE HEALTH™ hereby grants to you a limited, non-exclusive, non-transferable right to access the Site and to use the Services. The Site is for users over the age of 18 for personal, non-commercial use, subject to compliance with these Terms of Use and in accordance with applicable laws. Use of this Site is for your personal, non-commercial use only; you represent that information you provide is true, accurate, and complete, to the best of your knowledge. The Site is intended for use within the United States. Those choosing to access the Site outside of the U.S. are responsible for compliance with all local laws, including those which may apply to Content on the Site which may be prohibited locally.

The entire contents of this Site, including without limitation, text, design, graphics, images, features, functionality, and other content (collectively, the "Content") are owned by or licensed to CLYNE HEALTH™, its third-party vendors, and/or other third parties. The Content is protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law.

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 our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide links to social media features with certain content, you may take such actions as are enabled by those features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Prohibited Uses

You must not access or use for any commercial purposes any part of the Site or any Services or materials available through the Site. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material in violation of applicable law or these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

Trademarks

The Company name, the term CLYNE HEALTH™, the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

User Submissions and Personal Information

Any personal information collected and received via form submission or email is submitted voluntarily and may be used to respond back to a user as necessary or as set out in our Privacy Notice. Any personal health information ("PHI") submitted via the third-party Portal is also submitted voluntarily, and its use is governed by the separate Terms and Policies of the Portal. More information regarding personal information and its use on our Site and in our Services can be found in our Privacy Notice.

You agree not to provide any user information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component. Additionally, you agree that any information you provide in connection with your use of the Site, Services, and/or Portal, including but not limited to the medical intake acknowledgment forms, is being provided (a) by you personally and not on behalf of someone else, (b) accurately to the best of your knowledge, and (c) with full and informed consent to physician evaluation.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Geographic Restrictions

The owner of the Site is based in the State of Georgia in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Right to Modify

We may, at our sole discretion, change, add, or delete portions of these Terms of Use at any time. Any modifications will be communicated to our users in writing and provided to users by email at the email address they have provided, and by posting to the Site. Continued use of the Site and the Services following notice of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms of Use, inclusive of such changes.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, THE PORTAL, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE PORTAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE PORTAL.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, THE PORTAL, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE PORTAL, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE, THE PORTAL, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF LIABILITY, THEN YOU AGREE THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR THEIR RESPECTIVE AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND EXCEEDING THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN CONNECTION WITH THIS AGREEMENT OR YOUR PAYMENTS TO THE COMPANY, WHICHEVER IS LESS.

You acknowledge and agree that the Health Care Professionals with whom you may connect through the separate third-party Portal are solely responsible for, and will have complete authority, responsibility, supervision, and control over, the provision of the services offered through the Portal, including any advice, instructions, treatment decisions, and other professional services performed, and that all diagnoses, treatments, procedures, and other professional services will be provided and performed exclusively by or under the supervision of Health Care Professionals, in their sole discretion, as they deem appropriate.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ADVICE OF A HEALTH CARE PROFESSIONAL OR ANY FAILURE TO PROVIDE ADVICE OF A HEALTH CARE PROFESSIONAL.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY PRESCRIPTION, MEDICATION, OR OTHER PRODUCT YOU MAY OBTAIN DIRECTLY OR INDIRECTLY THROUGH THE SITE OR THE PORTAL.

THESE DISCLAIMERS OF LIABILITY INCLUDE WAIVER OF ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD CLYNE HEALTH™, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SITE, THE SERVICES, AND THE PORTAL. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

Additionally, CLYNE HEALTH™ agrees to defend, indemnify, and hold MDI and any subsidiaries, physicians, affiliates, officers, agents, and other third-party partners and employees, harmless from any and all claims, damages, losses, liabilities, demands, costs, and expenses of every kind and nature (including actual, special, incidental, and consequential), known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to, use of the Site and the Services. Clyne Health waives the provision of any state or local laws that limit or prohibit such a general release.

Dispute Resolution

Except as otherwise set forth in these Terms of Use, you hereby agree to resolve any and all past, present, or future claim, controversy, or dispute of any description (each, a "Dispute") arising as a result of your use of the Site or the Services, solely pursuant to the terms of the section below.

Management Resolution

Disputes shall first be referred to each party or their authorized representatives for discussion and resolution ("Management Resolution").

Arbitration

Should Management Resolution fail to resolve the Dispute, then you agree that the Dispute you have arising out of, relating to, or in connection with your relationship or dealings with CLYNE HEALTH™ (including any of its predecessors, successors, affiliates, subsidiaries, parent companies, agents, employees, representatives, directors, managers, officers, shareholders, assigns, associates, attorneys, distributors, and all other persons acting on their behalf) shall be resolved by final, binding arbitration ("Arbitration") administered by the American Arbitration Association ("AAA") under the AAA's Consumer Arbitration Rules. You and the Company agree that the arbitrator selected to resolve the Dispute shall also have exclusive authority to resolve all gateway issues of arbitrability, including without limitation all issues of his/her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this arbitration provision, the Terms of Use, or the Privacy Notice; all issues about what claims or disputes or parties are covered by this arbitration provision; and all substantive or procedural defenses to enforcement of this arbitration provision. You and the Company agree and understand that these methods shall be the sole remedy to resolve any controversy or claim arising from or related to the Dispute, and expressly waive their right to file a lawsuit in any civil court against the member or against CLYNE HEALTH™ for such disputes, except to enforce an arbitration decision or to compel arbitration.

Attorney's Fees

Under any event of Arbitration, including but not limited to any action to compel, enforce award of Arbitration or seek injunctive relief pursuant to these Terms of Use, the prevailing party shall be entitled to an award of their reasonable attorney's fees and costs for such proceeding, including any related trial or levels of appeal.

Injunctive Relief

Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Class Action Waiver

Notwithstanding any Rule or Procedure of the AAA, you and we agree that any dispute filed against each other must be on an individual basis and not as a class or collective action. You agree that the arbitrator shall be restricted to resolving only the Dispute between you and CLYNE HEALTH™ and will not be allowed to conduct any consolidated or class-wide arbitration proceedings involving claims or disputes of other persons. You waive any right to represent others in a class action or to participate as a class member in any class action.

Patient Complaint Process

You are entitled to file complaints with the appropriate state medical boards in connection with the Services received through the Portal. Instructions for filing a complaint can be found on the relevant state medical board's website. See also Filing a complaint against a physician or specialist | American Board of Medical Specialties.

Governing Law

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by CLYNE HEALTH™ of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CLYNE HEALTH™ to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of these Terms of Use will remain in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and CLYNE HEALTH™ regarding the Site use and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. There may be additional agreements regarding use of the Portal, and those are not superseded by the Terms of Use and Privacy Notice.

Violations and Feedback

This Site is operated by CLYNE HEALTH™.

Feedback regarding our Site is welcomed and can be submitted by emailing us at help@clynehealth.com.

Additionally, please report any violations of these Terms of Use to CLYNE HEALTH™ at help@clynehealth.com.