Terms of Use for Patient

We hope you enjoy using Medi-EHR. This document contains important information to consider before using Medi-EHR.

These terms and conditions (the “Terms of Use” or the “Agreement”) form a contract between you and Medi-EHR, Inc. (“Medi-EHR,” “we,” or “us”), the operator of Medi-EHR.com and related websites, applications, services, and mobile applications, and all associated services (collectively, the “Services”) provided by Medi-EHR and on/in which these Terms of Use are posted or referenced. Some Services may require you to agree to additional terms specific to those Services, which will be presented to you prior to use and are considered part of these Terms of Use. The “Services” include, without limitation, scheduling pages maintained by Medi-EHR on behalf of third parties, appointment scheduling technology integrated into third-party websites, and video services for telehealth appointments.

This Agreement governs your access and use of the Services. By accessing and/or using our Services, you agree to all the terms and conditions of this Agreement. If you do not agree, you may not use the Services. In this Agreement, “you” refers to any visitor, user, or other person who accesses our Services, whether or not they registered for a Medi-EHR Account (as defined in Section 1).

If your use of the Services is terminated for any reason, then: (a) this Agreement will continue to apply and be binding regarding your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under this Agreement will survive such termination.

Medi-EHR’s collection and use of Personal Data in connection with the Services is described in Medi-EHR’s Privacy Policy (“Personal Data” as defined therein).

IMPORTANT: PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER IN SECTION 17.1 BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES BETWEEN YOU AND MEDI-EHR BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MEDI-EHR ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST MEDI-EHR. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE CONSIDERED THE CONSEQUENCES OF THIS IMPORTANT DECISION.

We are continually improving our Services, so these Terms of Use may change along with our Services. We reserve the right to change the Terms of Use at any time. If we do, we will place a notice on our site, send you an email, and/or notify you by other means.

If you don’t agree with the new Terms of Use, you can reject them; however, that means you will no longer be able to use the Services. If you use the Services after a change to the Terms of Use becomes effective, it means you agree to the changes.

Any disputes under this Agreement will be governed by the version of the Agreement in effect at the time of the first event which gave rise to the dispute. Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless made in writing and signed by both you and us.

We may occasionally add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Medi-EHR will not be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new features or services will be governed by this Agreement.

If you create a Medi-EHR Account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on their behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except in this sentence, refer to that individual or entity).

1. ABOUT THE SERVICES

Subject to these Terms of Use, Medi-EHR grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. Portions of the Services can be viewed without a Medi-EHR Account. However, to benefit from all of the Services we offer, you must create an account (a “Medi-EHR Account”) and provide certain basic information about yourself. By providing this information, you authorize Medi-EHR to use and disclose it as described in our Privacy Policy.

While using the Services, you may encounter certain Content that Medi-EHR makes available. “Content” refers to content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available, or otherwise found through the Services, including Content provided in direct response to your questions or postings. You acknowledge that although some Content may be provided by healthcare professionals, its provision does not create a medical professional/patient relationship, nor does it constitute an opinion, medical advice, diagnosis, or treatment. Instead, it is provided to assist you in choosing a doctor, dentist, or other healthcare specialist, professional, provider, organization, or agent or affiliate thereof (collectively, “Healthcare Providers”) or to be generally informative.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE, OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. FURTHERMORE, WE DO NOT ENDORSE, REFER, OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED IN CONTENT AND/OR ACCESSIBLE THROUGH THE SERVICES.

2. WE DO NOT PROVIDE MEDICAL ADVICE

Medi-EHR is not a healthcare provider. The Content you obtain or receive from Medi-EHR, its employees, contractors, partners, sponsors, advertisers, licensors, or through the Services, is for informational, scheduling, and payment purposes only. All medically related information, including information shared via Medi-EHR Knowledge Base, Medi-EHR Blog, Medi-EHR social channels, Medi-EHR emails and text messages, and Medi-EHR advertising, is intended for informational and communicative purposes only.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE, OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN AS, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

Medi-EHR is not a referral service and does not refer, recommend, or endorse any particular Healthcare Provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently verify any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

3. NO DOCTOR PATIENT RELATIONSHIP

DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS MAY USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT THIS CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS APPLIES WHETHER SUCH CONTENT IS PROVIDED THROUGH THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MEDI-EHR, INCLUDING, BUT NOT LIMITED TO, THE “FIND A DOCTOR” FEATURE, MEDI-EHR ANSWERS, MEDI-EHR KNOWLEDGE BASE, MEDI-EHR BLOG, MEDI-EHR SOCIAL CHANNELS, MEDI-EHR EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.

Medi-EHR encourages Healthcare Providers to use the Services responsibly, but we have no control over and cannot guarantee the availability of any Healthcare Provider at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, any resulting injury or loss, or any other injury or loss arising from or related to the use of the Services in any way.

4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS

When using the Services to schedule appointments with Healthcare Providers, you understand that:

**YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER**, including, but not limited to, determining whether the applicable Healthcare Provider is suitable for your healthcare needs based on specialty, experience, qualifications, licenses, and other important factors and circumstances that could impact your care.

Medi-EHR or its designee takes certain limited steps to (a) verify that Healthcare Providers participating in the Services hold certain active licenses, certifications, or registrations required by law to practice the specialties of the services offered by them through the Services, and (b) verify that Healthcare Providers are not listed in the U.S. Department of Health and Human Services Office of the Inspector General Exclusion database. Medi-EHR may also exclude Healthcare Providers from our Services who, in Medi-EHR’s discretion, have engaged in inappropriate or unprofessional conduct (including, but not limited to, conduct in violation of our Community Standards).

While all qualified providers are eligible to use our Services, Medi-EHR’s lists of Healthcare Providers are not exhaustive. Healthcare Providers choose whether to participate in the Services, what appointment availability, if any, to advertise on their Medi-EHR profiles, and may also choose to set a maximum amount they want to spend on new patient bookings received through Medi-EHR. This means that regardless of whether they participate in the Services, Healthcare Providers may have additional availability beyond what’s listed through the Services if you contact them directly. Healthcare Providers listed through the Services may enter into contracts with us and may pay us fees to be marketed through or to use the Services. If you book an appointment with a Healthcare Provider through the Services, Medi-EHR may receive a commission.

To help you find Healthcare Providers who may be suitable for your needs and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we will provide you with lists and/or profiles of Healthcare Providers. Any search results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty and/or services they provide. They may also be partially based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Medi-EHR users, and past experiences of Medi-EHR users with Healthcare Providers). Please note that there may be other Healthcare Providers who meet your search criteria but are not available through Medi-EHR.

Medi-EHR (a) does not employ, refer, recommend, or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) a Healthcare Provider provides about themselves is accurate or up-to-date, (d) is not responsible for making sure that Healthcare Providers’ services are actually provided or meet a certain standard of quality, and (e) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below). We don’t control the actions of any Healthcare Providers, and Healthcare Providers are not our employees. However, to the extent that you use the Services as provided by your employer, Medi-EHR may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors. In addition, to the extent that Medi-EHR serves as a platform for, or provides technical support to, the provider directory associated with your health coverage, Healthcare Providers will appear in the directory based on criteria determined by your health plan or plan sponsor, as applicable.

We may show you advertisements or sponsored search results (“Sponsored Results”) through the Services, including above, next to, or interspersed within the other search results. Medi-EHR receives additional fees from Healthcare Providers for including them in Sponsored Results, and such Sponsored Results are not, and should not be considered, an endorsement, referral, or recommendation by Medi-EHR of the Healthcare Provider. Sponsored Results are conspicuously labeled as “Sponsored” or “Paid Ad” in the Services.

5. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES

The Services are designed as an informational and educational resource for both consumers and Healthcare Providers. While we may publish Content through the Services reviewed by our editorial personnel, we are under no obligation to do so. No party (including Medi-EHR) involved in the preparation or publication of such works guarantees that the Content is timely, accurate, or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.

Healthcare Provider Content:

Content related to Healthcare Providers and their practices (“Healthcare Provider Content”) is intended for general reference purposes only. Healthcare Provider Content may be provided by the Healthcare Provider and/or office staff and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. While efforts are made to confirm Healthcare Provider Content and keep it up to date, it can change frequently and may become out of date, incomplete, or inaccurate at any time. Medi-EHR does not provide any advice or certification regarding the qualifications of any particular Healthcare Provider.

Procedures/Products/Services:

Procedures, products, services, and devices discussed and/or marketed through the Services are not applicable to all individuals, patients, or clinical situations. Any procedures, products, services, or devices represented through the Services by advertisers, sponsors, and other participants of the Services, whether paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome, or success.

Insurance Content:

Insurance and insurance-related Content (including, without limitation, insurance coverage and benefit Content) (“Insurance Content”) is intended for general reference purposes and your convenience only. Insurance Content may be based on Personal Data you provide to us, as well as Healthcare Provider Content (such as CPT codes and other encounter data). Insurance Content may also be provided either directly by the insurance provider you identify or via a third-party clearinghouse. Insurance Content can change frequently and may become out of date, incomplete, or inaccurate. You agree that you will (a) provide accurate and complete insurance-related Personal Data, and (b) verify and maintain accurate insurance-related Personal Data (including, without limitation, verifying such Personal Data obtained by automated means from an insurance card you provide). Although Medi-EHR strives to provide you with accurate Insurance Content, we are not responsible for any inaccurate, incomplete, or outdated Insurance Content, and you are responsible for complying with subparts (a) and (b) above.

AI Content:

We may make available through the Services certain features or content powered by artificial intelligence (“AI”, and such features, the “AI Features”).

Without limiting anything else herein, we make no representations or warranties whatsoever regarding the AI Features, which are provided “AS IS” and should be used at your own risk. Before interacting with the AI Features, you are responsible for determining that the AI Features are suitable, and you are responsible for any reliance on the accuracy, completeness, or usefulness of any AI Features. You should not act or refrain from acting based on any information made available through the Services, including the AI Features. We are not responsible for monitoring any interactions between you and the AI Features. You should evaluate the accuracy of any information produced from an AI Feature as appropriate for your use case. The AI Features may provide incomplete, incorrect, or offensive information that does not represent our views. If any information from an AI Feature references any third-party products or services, it doesn’t mean the third party endorses or is affiliated with us.

Under no circumstances will we be liable in any way for the AI Features or any information generated by the AI Features, including, but not limited to, infringement of intellectual property rights, any errors or omissions, or any loss or damage of any kind incurred as a result of your interaction with the AI Features.

6. MEDICAL INFORMATION

You may choose to enter certain medical information into the Services, such as by requesting an appointment or filling out a general medical history form that is not required or provided by a Healthcare Provider (“Medical History Form”) on behalf of yourself or a third party for whom you have authorization to provide such information. You can request (and thereby authorize) Medi-EHR to provide this information to your selected Healthcare Provider. You acknowledge and agree that this information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that Medi-EHR may use the data or information you provide in a Medical History Form in accordance with our Privacy Policy.

7. YOUR RESPONSIBILITIES

7.1 Your Medi-EHR Account Credentials

When you create a Medi-EHR Account, you will provide an email address and create a password (collectively, “Credentials”). Keep your Credentials private and do not share them with anyone else. If your password has been stolen or compromised, notify us immediately by sending an email to support@mediehr.com. You promise to provide accurate, complete, and updated registration information about yourself. You may also connect to the Services maintained by a third-party company, such as Meta Platforms, Inc., Google LLC (“Google”), or Apple Inc. (“Apple”). If you connect to the Services through a third-party service, you give us permission to access and use your information from such third-party service as permitted by that service, and to store your login credentials for that service. You are ultimately in control of how much information is accessible to us and can adjust your privacy settings on the third-party service accordingly. Medi-EHR has no control over, and assumes no responsibility for, the services, content, accuracy, privacy policies, practices, or opinions expressed by any such third party.

7.2 Your Responsibilities Generally

While creating a Medi-EHR Account and downloading our app is free, you are still responsible for your healthcare expenses. Any charges for medical or related services provided by Healthcare Providers will apply and are entirely your responsibility. It is your duty to ensure that all information you provide to Medi-EHR, including your insurance details, is accurate and up-to-date. Some Services may not be available through Medi-EHR or your Healthcare Provider due to various factors, including your insurance participation. Ultimately, you must resolve any disputes between you and any Healthcare Provider arising from any transaction directly with the Healthcare Provider.

You are responsible for all use of the Services and your Credentials, including use by others to whom you have given your Credentials. You may only use the Services for lawful, non-commercial purposes. If your use of the Services is prohibited by applicable laws, you are not authorized to use the Services. You may not use the Services in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to or exceed your authorized access to any of the Services, user accounts, or computer systems or networks through any means. You may not accumulate or index, directly or indirectly, any Content or portion of the Services (including, without limitation, Healthcare Provider Content, appointment availability, price information, or Insurance Content) for any purpose whatsoever.

You are also responsible for reviewing and complying with the terms set forth in our Acceptable Use Policy and Community Standards.

In addition to our rights under these Terms of Use, we may take any legal action and implement technological measures to prevent violations of these restrictions and enforce these Terms of Use, our Acceptable Use Policy, and our Community Standards.

7.3 Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries

If you are a Healthcare Provider or an entity in the healthcare or medical industries, regardless of whether you maintain a Medi-EHR Account or use the Services to schedule appointments, you acknowledge and agree that:

(a) You will not use the Services to view, access, or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient;

(b) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the types, frequencies, or amounts of any product or service offered; the customer or customer categories for any product or service; or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation; and

(c) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive, or unfair practices (including but not limited to booking fraudulent healthcare appointments or manipulating any review or rating data), or otherwise violate applicable antitrust, competition, or consumer protection laws or regulations.

7.4 Disputes Between Users

If a dispute arises between participants on this site or Services, or between users and any third party (including but not limited to Healthcare Providers), you agree that Medi-EHR is not obligated to intervene. In the event you have a dispute with one or more users or Healthcare Providers, you release Medi-EHR, its directors, officers, employees, agents, and successors from any claims, demands, and damages of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

8. Telemedicine Services

You may have the option to access certain telemedicine services through our platform, including but not limited to video consultations via Medi-EHR’s video service or various third-party virtual care services (“Video Services”). Medi-EHR is not a healthcare provider, insurance provider, or prescription fulfillment service. Our role in providing Video Services is limited to offering telehealth-related information and facilitating access to telemedicine services provided by Healthcare Providers. We are not responsible for the actions or omissions of these Healthcare Providers or for the content of your communications with them. Medi-EHR operates independently from Healthcare Providers and does not employ or control the services they provide, even if they use our Video Services. Additionally, we have no control over, and assume no responsibility for, the content, availability, suitability, accuracy, quality, security, legality, reliability, privacy policies, or practices of any third-party Video Services. We recommend that you review the terms and privacy policies of any third-party providers before using their Video Services. By using these Video Services, you release Medi-EHR from any and all liability related to your use.

9. THIRD PARTY LINKS AND SERVICES

9.1 Links to Other Websites

While using the Services, you may come across links to other websites. These links are provided for your convenience, and we do not endorse or take responsibility for the content, products, or services offered on these external sites. You understand and agree that we are not liable for the accuracy or content of these other websites. Despite our efforts to link to reputable sites, they may contain objectionable, illegal, or inaccurate material, for which we are not responsible. By using the Services, you release Medi-EHR from any and all liability related to your use of any third-party website or service. Your interactions with organizations or individuals you find through the Services, including transactions involving payment and delivery, are solely between you and those parties. We recommend that you conduct any necessary research before proceeding with any transactions. Medi-EHR will not be responsible for any loss or damage resulting from such interactions.

9.2 Third Party Software

We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.

9.3 Application Stores

You acknowledge and agree that the availability of our mobile application depends on the third-party stores from which you download it, such as the Apple App Store, Google Play, or other distribution platforms (each referred to as an “Application Provider”). Each Application Provider may have its own terms and conditions that you must agree to before downloading apps from their store. You agree to adhere to these terms, and your license to use our application is contingent upon your compliance with the Application Provider’s terms. If the terms of the Application Provider are less restrictive or conflict with these Terms of Use, the more restrictive terms in these Terms of Use will take precedence.

If you access the Services via an application (an “Application”) from an Application Provider, you agree that: (i) these Terms of Use are between you and us, not the Application Provider, and we are responsible for the Application, not the Application Provider; (ii) the Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely for use in connection with the Services, subject to the terms of these Terms of Use as applicable; (iii) if the Application Provider is Apple, you will use the Application only on an Apple device you own or control; (iv) the Application Provider has no obligation to provide maintenance, support, or handle warranty claims for the Application; (v) if the Application does not conform to any applicable warranty, including those implied by law, you may notify the Application Provider, which will only be obligated to refund the purchase price, if any; (vi) we, not the Application Provider, are responsible for addressing any claims related to the Application; (vii) you will comply with any applicable third-party terms affecting your use of the Application; (viii) the Application Provider and its subsidiaries are third-party beneficiaries of these Terms of Use concerning your use of the Application and have the right to enforce these Terms of Use as related to your use of the Application; (ix) if a third party claims that the Application or your use of it infringes their intellectual property rights, Medi-EHR, not the Application Provider, will handle the investigation, defense, and resolution of such claims; and (x) you are not located in a country under U.S. government embargo or designated as a “terrorist-supporting” country, and you are not listed on any U.S. government restricted parties list. These terms apply to your use of all Services, including the Application.

10. PAYMENT AND TRANSACTION PROCESSING

10.1 Payment and Transaction Processing Generally

You may be able to use the Services to pay for Designated Provider Services (as defined in Section 10.2), other products or services from the Healthcare Provider, or other payment obligations, such as insurance copayments. For these payments, we handle your payment card information in accordance with our Privacy Policy. Medi-EHR and/or its payment processing partner may charge a transaction processing fee for our billing, collection, and payment services (the “Transaction Processing Services”) related to such payments. Please be aware that any payment terms presented during the process of using or signing up for a paid service or the Transaction Processing Services are considered part of these Terms.

10.2 Designated Provider Services

Certain Healthcare Providers may use the Services to provide price information for their healthcare and related products and services (“Designated Provider Services”), and allow you to pay for these services through the platform.

Before scheduling an appointment for Designated Provider Services, please review (a) the price information and (b) all products and services included or excluded in each Designated Provider Service. Healthcare Providers must provide the applicable Designated Provider Service at or below the price indicated at the time of scheduling (“Designated Price”), unless you agree otherwise. Additional or different services may be available, offered, or rendered by Healthcare Providers. You and your Healthcare Providers are responsible for agreeing on the pricing for any additional or different services. MEDI-EHR IS NOT RESPONSIBLE FOR ANY FAILURE TO AGREE ON PRICING FOR ADDITIONAL OR DIFFERENT SERVICES.

10.3 Payment of Your Financial Obligations Under Insurance Coverage and Benefits

Certain Healthcare Providers may allow you to use the Services to pay for all or part of your financial obligations under your insurance coverage and benefits (the “Insurance Payment Services”).

While we strive to provide accurate Insurance Content (e.g., your copayment obligation), we make no guarantees and disclaim all warranties regarding the accuracy of this information. Insurance Content may be provided by your insurance provider or a third-party clearinghouse. Note that (a) Insurance Content is updated regularly (e.g., to reflect payments toward your deductible), (b) you may receive an explanation of benefits from your insurance company after receiving services from your Healthcare Provider, and (c) you may owe more to your Healthcare Provider than the amount paid through Insurance Payment Services.

10.4 Transaction Processing

When making a payment through the Services, a transaction processing fee may apply. Healthcare Providers may separately charge you for additional or different products or services.

You acknowledge and agree that:

(a) You are responsible for paying the Designated Price for Designated Provider Services charged through Medi-EHR by the Healthcare Provider, as well as any additional charges for other services rendered during or related to the appointment;

(b) You remain responsible for paying all amounts required by law and/or contract (e.g., health plan agreements), including all cost-sharing obligations (e.g., copayments, deductibles, and coinsurance);

(c) If you use our Transaction Processing Services, Medi-EHR may process your payment in collaboration with our payment processing partner;

(d) Medi-EHR is not responsible for charges incurred for any products or services provided by Healthcare Providers, including Designated Provider Services;

(e) Medi-EHR is not responsible for charges submitted for processing by Healthcare Providers;

(f) If you dispute any fees charged through Medi-EHR by a Healthcare Provider, you will resolve the dispute directly with the Healthcare Provider;

(g) When using our Transaction Processing Services, you may need to accept the terms of use and privacy policy of our payment processing partner. Currently, we use Stripe, Inc. as our payment processing partner, and you can review Stripe’s Terms of Service at Stripe’s Terms of Service

(h) You should promptly review all charges processed through the Transaction Processing Services and notify Medi-EHR immediately if you have any questions, concerns, or disputes. You must raise any questions, concerns, or disputes within twelve (12) months from the date of the transaction;

(i) You must provide accurate, complete, and current billing information, update it as necessary, and notify us or our payment processing partner if your account information is canceled (e.g., due to loss or theft) or if you become aware of any potential security breaches (e.g., unauthorized disclosure or use of your username or password).

We are not responsible for errors or other issues caused by the payment processor. Additionally, neither Medi-EHR nor our payment processing partner will be liable if a transaction cannot be completed for any reason, including but not limited to:

(A) Inaccurate, outdated, or incomplete payment information;

(B) Insufficient funds or available credit;

(C) Inactive payment card or issues verifying card information or identity;

(D) Termination or suspension of your account with us, our payment processing partner, or access to the Services;

(E) Suspected unauthorized transactions;

(F) Termination or suspension of services provided to the Healthcare Provider.

11. REVIEWS AND OTHER CONTENT YOU POST OR SUBMIT

You will have the opportunity to submit feedback regarding your experiences with Healthcare Providers you find through the Services, submit inquiries concerning possible medical needs, and participate in other interactive or community features of the Services (collectively, “Posted Information”). It is important that you act responsibly when providing Posted Information. Your Posted Information must comply with our Acceptable Use Policy, and your Healthcare Provider reviews must adhere to our posted guidelines, as well as any internal policies we may develop and implement from time to time. Please note that while Medi-EHR may moderate Posted Information (including but not limited to Healthcare Provider reviews) for compliance with the requirements in this paragraph, Medi-EHR does not endorse or confirm the accuracy of any statements made in such Posted Information; Posted Information reflects solely the views or opinions of the author, and not of Medi-EHR.

Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to Posted Information that is also your personally identifiable information.

By posting Posted Information through the Services, you agree to and hereby grant, and you represent and warrant that you have the right to grant, to Medi-EHR and its affiliates, agents, and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid-up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, incorporate into other works, and otherwise fully exploit such Posted Information. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You may not post Posted Information that is false or fraudulent, or that otherwise does not accurately represent your opinions and experiences.

You understand and agree that Medi-EHR, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your Posted Information to conform and adapt that Posted Information to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Posted Information is the sole responsibility of the person from whom such Posted Information originated and does not reflect the opinion of Medi-EHR. Medi-EHR does not assume liability for Posted Information or for any claims, liabilities, or losses resulting from any Posted Information.

We also welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.

12. YOUR USE OF CONTENT

All Content is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any related technology or software contain Medi-EHR’s proprietary information. We grant you permission to use the Content solely for personal, non-commercial purposes and do not transfer any intellectual property rights to you through your use of the Services. You may print, download, and store information from the Services for your convenience, but you may not copy, distribute, republish (except as expressly permitted here), sell, or exploit any Content, or use the Services in whole or in part, for commercial purposes. Except as explicitly stated here, neither Medi-EHR nor its suppliers provide you with any express or implied rights, and all rights in the Services not expressly granted to you by Medi-EHR are reserved by Medi-EHR.

13. DISCLAIMER

We created Medi-EHR to enhance patients’ healthcare experiences, and we aim to ensure your experience with Medi-EHR is exceptional. While we strive to achieve this, you acknowledge that we have no control over, and no obligation to address: (a) which users access the Services, (b) the Content you encounter, (c) the impact of the Content on you, (d) how you interpret or use the Content, or (e) the actions you may take as a result of being exposed to the Content. You release us from any liability related to your use or inability to use any Content. We, along with our licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, including their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents (collectively, the “Medi-EHR Parties”), make no representations or warranties regarding the recommendations or suggestions of services or products offered or purchased through the Services. The Medi-EHR Parties are not responsible or liable for the accuracy, copyright compliance, legality, or appropriateness of material contained in or accessed through the Services. We have no special relationship with or fiduciary duty to you.

WE (AND OUR LICENSORS AND SUPPLIERS) PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES REGARDING THE CONTENT OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH WARRANTIES, INCLUDING ANY STATUTORY WARRANTIES, REGARDING THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE ALSO DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOICE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY STATED HEREIN, MEDI-EHR MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES, OR ANY OTHER SECURITY RELATED TO THE TRANSMISSION OF SENSITIVE INFORMATION. MEDI-EHR DOES NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, ERRORS, BUGS, OR DEFECTS, THAT DATA LOSS WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ELEMENTS.

14. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO CANCEL YOUR MEDI-EHR ACCOUNT. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS RELATED TO OR ARISING FROM YOUR USE OF THE SERVICES EXCEED THE GREATER OF (I) ONE HUNDRED ($100) DOLLARS OR (II) THE TOTAL FEES PAID TO MEDI-EHR THAT WE RETAINED IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MEDI-EHR NOR ANY OF THE MEDI-EHR PARTIES WILL BE LIABLE TO YOU (OR ANY THIRD PARTY CLAIMING THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THIS INCLUDES CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, INACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OTHER COMMERCIAL DAMAGES OR LOSSES, SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH THE SERVICES, OR ANY OTHER MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES OR JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE NOT ALLOWED, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW IN OTHER JURISDICTIONS, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

15. TERMINATION

We reserve the right, at our sole discretion, to immediately terminate, suspend, or deactivate your Medi-EHR Account without notice if you or someone using your Credentials without authorization violates this Agreement, our Acceptable Use Policy, our Community Standards, or other posted policies and terms. We may also terminate, suspend, or deactivate your account for other reasons, including prolonged inactivity. Medi-EHR will not be liable to you or any third party for any such termination, suspension, or deactivation of your access to the Services. Additionally, you agree not to attempt to use the Services after such termination, suspension, or deactivation (except where deactivation is solely due to inactivity, in which case you may create a new Medi-EHR Account). Termination of your account may result in the loss of any content associated with it. Sections 1 – 6, 9 – 18, and any other provisions that naturally survive termination of these Terms of Use will remain in effect.

Medi-EHR also reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use or applicable laws related to the Services. This may include removing any offending communications, terminating the Medi-EHR Account of such violators, and/or blocking access to the Services.

16. INDEMNIFICATION

Upon our request, you agree to defend, indemnify, and hold harmless the Medi-EHR Parties from all liabilities, claims, damages (both actual and consequential), demands, and expenses, including reasonable attorney’s fees, arising from or related to: (a) your use of the Services; (b) any violation of this Agreement (including but not limited to these Terms of Use, the Acceptable Use Policy, and Community Standards); (c) any infringement of intellectual property or other rights of any individual or entity; or (d) any unauthorized use of your Credentials by another person. This indemnification obligation does not apply to liabilities, claims, or expenses resulting from our own gross negligence or intentional misconduct.

17. MISCELLANEOUS

17.1 Electronic Contracting; Copyright Dispute

Your act of using the Services and/or creating a Medi-EHR Account constitutes your electronic signature to this Agreement, which includes our Privacy Policy, Acceptable Use Policy, and Community Standards. This Agreement and any related documents may be signed electronically, and any electronic signatures on this Agreement or such documents are considered as valid as handwritten signatures for purposes of validity, enforceability, and admissibility.

Please review our Acceptable Use Policy for information on our copyright dispute policy.

Phone/Text Communications

(a) Transactional Communications: By voluntarily providing your mobile phone number to Medi-EHR and agreeing to receive text messages, you expressly consent to Medi-EHR contacting you via telephone, SMS, or MMS messages (or successor technologies) for transactional, operational, or informational purposes, including appointment confirmations, reminders, and post-appointment feedback requests. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out or HELP for assistance.

(b) Marketing Communications: By opting in to receive automated marketing calls or text messages (such as SMS, MMS, or successor technologies) from Medi-EHR, you agree to receive messages about our products, services, offers, promotions, and events, as well as information related to your orders and inquiries. Consent is not required for making a purchase. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out or HELP for assistance.

(c) Representations; Indemnity: You represent that the mobile number you provide is accurate, and that anyone you register or for whom you provide a wireless phone number has consented to receive communications from Medi-EHR. You agree to indemnify and hold Medi-EHR harmless from any claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or related to your breach of this representation, including claims under the Federal Telephone Consumer Protection Act or similar state laws. This indemnity includes issues related to your provision of a phone number you do not own or failure to update your account information.

(d) Participation Requirements: You must have a wireless device capable of two-way messaging, use a participating wireless carrier, and be subscribed to a text messaging service. Not all devices may be supported, and message delivery may vary by location. Message and data rates from your mobile service provider may apply and are subject to your provider’s terms.

(e) Opt-Out Instructions: You can opt out of receiving transactional and/or marketing text messages by adjusting your notification settings in your account, replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any received message, or following the provided instructions. You agree to receive a final text message confirming your opt-out. Opting out of all texts may affect your use of the Services.

(f) Accurate Account Information: If you change your phone number, update your Medi-EHR account information to ensure we have current contact details. Any new number you attach may receive Medi-EHR’s standard SMS messages unless you also unsubscribe as described above.

17.3 Limitation of Claims

No action arising under or related to this Agreement, regardless of form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

17.4 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in effect. The invalid provision will be replaced by a provision that most closely reflects the original intention, or if no such provision is valid, will be limited or eliminated to the minimum extent necessary so that the remaining provisions stay in force and effect.

17.5 Governing Law; Language

This Agreement is governed by and construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to its conflict of laws principles. This Agreement and all referenced documents were drafted in English, and any translations are not binding if they conflict with the English version.

17.6 Entire Agreement; Waiver

This Agreement and any supplemental terms, policies, rules, and guidelines posted through the Services, including the Privacy Policy, Acceptable Use Policy, and Community Standards, constitute the entire agreement between you and us and supersede all previous agreements. Failure to exercise any right under this Agreement shall not be deemed a waiver of any further rights.

17.7 Headings

Headings of sections in this Agreement are for convenience only and do not limit, define, modify, interpret, or construe the meaning or intent of any terms or conditions.

17.8 Assignment

We may assign this Agreement at any time, including to any parent, subsidiary, or affiliated company, or as part of a business transfer. You may not assign, transfer, or sublicense this Agreement; any attempt to do so is void.

17.9 Eligibility

You must be at least 18 years old or of legal age to form a binding contract in your jurisdiction to create a Medi-EHR Account or use the Services. Those under 13 may not use the Services. If you are between 13 and 18 or the applicable legal age, you may use the Services only with parental or guardian supervision who agrees to these Terms. By using the Services for a minor, you represent you are their parent or guardian and that all references to “you” include the minor or individual on whose behalf you are authorized.

If you do not meet these Terms, you may not use the Services. Use of the Services where prohibited by law is void, and access is revoked in such jurisdictions. By using the Services, you confirm you have the authority to enter into these Terms. The Services are administered in the U.S. and intended for U.S. users only; use outside the U.S. is prohibited and at your own risk. Users must comply with local, state, or federal laws applicable to their use of the Services.