Partner Terms and Conditions
Privacy Policy
Effective Date: January 27, 2020
Last Updated: September 6, 2023
1. Introduction
This Privacy Policy (“Privacy Policy”) is incorporated by reference into Laso Health, LLC’s (“Laso Health,” “we,” or “us”) Customer Terms of Use and Healthcare Provider Terms of Use (collectively “Terms of Use”) regarding Laso Health’s use of the information you and third parties provide as part of your use of the Site and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this Privacy Policy shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY CREATING AN ACCOUNT WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY POLICY, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITE OR THE SERVICES IN ANY WAY. This Privacy Policy does not apply to any other website or digital service that you may be able to access through the Services or any website or digital services of Laso Health’s business partners, each of which may have data collection, storage and use practices and policies that may differ from this Privacy Policy.
YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION (INCLUDING INFORMATION THAT MAY BE CONSIDERED PRIVATE OR SENSITIVE) AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.
Healthcare Providers are subject to applicable federal and state laws and regulations governing the use and disclosure of personally identifiable information, including health information they create or receive, and most must comply with the Health Insurance Portability and Accountability Act of 1996, as amended from time to time (“HIPAA”). When we collect and process your information, we may share that information with Healthcare Providers who have entered into a [Healthcare Provider User Agreement] for the purpose of providing you with the Laso Health services. We are committed to ensuring the privacy and confidentiality of your information and, in doing so, use security safeguards to protect such information. We do not ask Healthcare Providers to share or send medical or health information to us from the services that they provide to you.
2. Information We Collect
◦ Information We Collect From You
As a condition to receiving all or a portion of the App and/or Services, we may ask you to provide us certain information that personally identifies you or could be used to personally identify you (“Personal Information”). Personal Information may include (but is not limited to) the following categories of information: (1) e- mail address, mailing address, billing address, full name, phone number and other identifying information; (2) demographic data (such as your gender, your date of birth and your zip code); (3) information regarding your past and present Healthcare Providers, such as the Healthcare Providers you have visited, your reasons for visit, your dates of visit, your medical history, and other medical and health information you choose to share with us; and (4) other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as passwords. Personal Information includes any information in the foregoing categories that is sent via the App or Site or as part of the Services as well as any applicable information that is sent via emails, letters or text messages. We may also collect additional information, as otherwise described to you at the point of collection or pursuant to your consent.
◦ Information We Collect Automatically
We may automatically collect the following non-personally identifiable information about your use of the App or Site: domain name; browser type and mobile operating system; IP address and/or cellular network device ID; and features of the App used. In addition, some features of the App require location services to be enabled on your mobile device, meaning we may temporarily collect location information as reported by your mobile device (“Location Data”) in order to provide the features you requested. If you would prefer not to send us Location Data, you should disable location services on your mobile device before using the App or Site, with the understanding that any features that require Location Data to function will be disabled as a result. Additionally, we may use the technologies described below (“Engagement Tools”) to gather information necessary to enhance and operate our Services in a number of ways, such as to (i) save user preferences and information;(ii) preserve session settings and activity; (ii) authenticate users; (iv) enable support and security features; (v) tailor the delivery of informational messages, media, advertising and other content; and (vi) analyze the performance and use of our Services and its various features and content.
Device Information. When you interact with our App and/or Services, we collect information about your computer, mobile phone, or tablet (“Device”) such as the URL of services your Device is requesting and the referring web pages, your IP address, Device type, operating system, browser type, application identifier, and, under certain circumstances, the location information your Device sends to us.
Cookies & Similar Technologies. We may also collect information about you and your Devices through cookies, web beacons, and similar technologies. A “cookie” is a small data file sent from a website and stored on your Device to identify your Device in the future and allow for an enhanced personalized user experience based on your previous activity on the website. A “session cookie” disappears after you close your web browser, or may expire after a fixed period of time. A “persistent cookie” remains after you close your web browser and may be accessed every time you use our Services. We may use both session and persistent cookies on our Services. You should consult your web browser to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may not be able to use certain features of our Services.
◦ Billing, Collection and Payment Information
When you make a payment through our App or Services to a Healthcare Provider (as further described in and subject to other provisions of the Terms of Use and AUP), we may also collect your billing information, including credit or debit card account information, or other forms of payment (“Payment Card Information”). By submitting your Payment Card Information, you expressly consent to the sharing of your information with third-party payment processers and other third- party services (including but not limited to vendors who provide fraud detection services to us and other third parties). These third parties may store your Payment Card Information for future use in our Services. We do not store your Payment Card Information, nor do we have direct control or responsibility for your Payment Card Information. The third party services that we utilize are contractually obligated to keep your Payment Card Information secure and confidential.
◦ Traffic Data
We also may automatically collect certain data when you use the Services, such as (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Some Traffic Data may be considered Personal Information.
◦ Information Authorization
Laso Health may only use and disclose your information in the ways permitted by law and in accordance with applicable consent. To avoid any doubt, in order to receive services from Laso Health, we require that you e-sign the Laso Health Information Authorization. The Laso Health Information Authorization contains a mechanism for opting out of marketing using your Health Information. The uses and disclosures of Personal Information are further described in this Privacy Policy.
3. How We Collect Information
We collect information (including Personal Information and Traffic Data) when you use and interact with the Services, and in some cases from third party sources. Such means of collection include:
• When you use the Services’ interactive tools and services, such as searching for Healthcare Providers, searching for available appointments with Healthcare Providers and completing medical history forms (“Medical History Forms”) prior to Healthcare Provider appointments;
• When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys, questionnaires and the like;
• If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices; If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable;
• Through cookies, web beacons, website analytics services and other tracking technology (collectively, “Tracking Tools”), as described below; and
• When you use the “Contact Us” function on the Site, send us an email or otherwise contact us.
4. Tracking Tools and “Do Not Track”
◦ Tracking Tools
We and third parties use cookies and Tracking Tools. We use first and third party Tracking Tools to collect information including your Personal Information, as well as usage and demographic information about you over time. Third parties (e.g., advertising partners), collect such information, such as your name, address, email address, gender, telephone number, unique identifiers, preferences, etc., via these technologies. We and third parties may use browser cookies which are stored on your computer in a file. In addition, we and third parties may also collect and store your information (including Personal Information) via web beacons, remarketing pixel tags, and Flash cookies that are placed in the code of a web page or email or which access your browsing activity. Where cookie technologies may not be available (for example in mobile applications), we and third parties may use technologies that perform similar functions to cookies that link identifiers used for advertising on mobile applications to an advertising cookie to coordinate ads across your mobile apps and mobile browser. We may use cross device tracking, Bluetooth low energy beacons, ibeacons, audio beacons and digital fingerprinting to identify and track you when you use different devices. By using the Site, you consent to the use of cookies and Tracking Tools described in this Privacy Policy.
We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our partners use Tracking Tools to display Laso Health ads on other websites or services based on information about your use of the Services or your interests (as inferred from online activity). Such partners may include third-party service providers, advertisers, advertising networks or platforms, and agencies.
◦ Options for Opting out of Cookies and Mobile Device Identifiers
Some web browsers (including some mobile web browsers) allow you to reject cookies or to alert you when a cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Laso Health’s cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services. Please note that even after opting out of interest-based advertising, you may still see Laso Health advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Laso Health is no longer using Tracking Tools — Laso Health still may collect information about your use of the Services even after you have opted out of interest-based advertisements and may still serve advertisements to you via the Services based on information it collects via the Services.
◦ How Laso Health Responds to Browser “Do Not Track” (DNT) Signals
Some browsers have a Do Not Track (“DNT”) feature that lets you tell websites that you do not want your online activities tracked. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, ad networks, plug-in providers, and other web services you encounter while browsing to stop tracking your activity via cookies or other Tracking Tools. Laso Health does not proactively monitor or respond to DNT signals.
5. Laso Health’s Use of Information
We use the information that we gather about you for the following purposes:
• To provide our services to you, to communicate with you about your use of our services, and for other customer service purposes. We use information, including Personal Information, consistent with your Laso Health Information Authorization, to provide the Services and to help improve the Services, to develop new services, and to advertise (for example, to display Laso Health ads on other websites).
• To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the App. As part of the Services, you may receive email, mobile phone notifications and other communications from us, such as communications relating to your account. Communications relating to your account will only be sent for purposes important to the Services, such as password recovery and expiring account notices. By creating an account, you are, by default, opted in to receiving promotional email communications from us. Upon downloading our mobile application, you will be provided the option to opt in to receiving push notifications or in-app notifications from us on your mobile device. We may use your name, and email address, or mobile device identifiers to send you email messages, text messages, in-app messages or push notifications regarding advertising new services offered by Laso Health and or the Healthcare Providers. In addition, we may present offers to you on behalf of third party partners. If you engage with such offers or advertisements (e.g., clicking on a banner ad), we may share your name, address, credit card information and other identifying information with this third party;
• To better understand how users access and use our App, both on an aggregated and individualized basis, in order to improve our App and respond to user desires and preferences, and for other research and analytical purposes. Our customer service representatives may use your telephone number, e-mail address, mobile device identifier and other identifying information to contact you. Laso Health reserves the right to use the information collected from the Site to send pricing, advertisements and information about Healthcare Providers on behalf of Healthcare Providers.
• We may use your information to fulfill our legally required obligations, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services.
6. Disclosure of Information
In certain circumstances, consistent with your Laso Health Information Authorization, and in order to perform the Services, we may disclose certain information (including Personal Information) that we collect from you:
• Healthcare Providers.
We may share your Personal Information with Healthcare Providers with whom you choose to schedule through the Services. For example, if you complete a Medical History Form using the Services in advance of an appointment, we may share your Medical History Form with such selected Healthcare Providers. We may also share your Personal Information with your Healthcare Providers to enable them to refer you to and make appointments with other Healthcare Providers on your behalf or to perform analyses on potential health issues or treatments, or to provide you with treatment in the event of an emergency.
• Health Information Exchanges.
We may share your Personal Information with Health Information Exchanges and related organizations that collect and organize your information (such as Regional Health Information Organizations).
• Business Affiliates
We may share your Personal Information with our partners to customize or display advertising. We may also share your Personal Information and Traffic Data with our partners who perform operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, Website analytics, or ad serving) and/or who make certain services, features or functionality available to our users.
• Business Transfers.
If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company. However, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy
• In Response to Legal Process.
We may share your Personal Information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with or fulfill our obligations under applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of you, Laso Health or another party; (3) enforce the Agreement or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.
7. Public Information; Public Forums
You agree that any information that you may reveal in a review posting or online discussion or forum is intentionally open to the public and is not in any way private. Do not disclose information in these public forums that might be considered confidential or proprietary or that you do not wish to be publicly available or that you are prohibited from disclosing. We strongly recommend against sharing any personally identifiable, health, or other sensitive information that could directly or indirectly be traced to any individual, including themselves. We do not undertake any review of posts or online discussions to determine if any Personal Information is included in such posts or online discussions; provided that Laso Health will review posts or online discussions that are flagged for inappropriate content.
8. Surveys, Feedback, Informational Programs
From time to time you may receive survey requests through emails or displays within our Services that request feedback on a variety of topics. These programs may be sponsored or funded by third parties, and may include branded or unbranded content about medical conditions, treatments and products, or safety and regulatory information resources. If you choose to engage with or use one of these requests, you may be asked to provide information that may be used to supplement information that you submitted to our Services. This information may be shared with the sponsor of the program.
9. Changing Your Information
HIPAA grants patients certain rights to access and amend certain health information, including Protected Health Information (“PHI”) that their healthcare providers retain about them. Patients should submit requests to access or amend this health information directly to their healthcare providers.
10. Third Party Analytics
We may use automated devices and applications to evaluate usage of our App. We also may use other analytic means to evaluate the services provided via our App. We use these tools to help us improve our services, performance and user experiences. We do not share your Personal Information with these third parties.
11. Storage and Security of Information
We have implemented commercially reasonable precautions, including, where appropriate, password protection, encryption, SSL, firewalls, and internal restrictions on who may access data to protect the Personal Information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services.
You should take steps to protect against unauthorized access to your username, password, and mobile device, by among other things, signing out of the App or Site once your session is complete, choosing a robust password that nobody else knows or can easily guess, and keeping your username and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. You should change your password and contact us immediately if you believe your password has been compromised or there has been any unauthorized access to your account.
12. Controlling Your Information & Notifications
If you have an account, you can modify certain account information by logging in and accessing your account. If you wish to close your account, please email us at [email protected]. Laso Health reserves the right to retain information from closed accounts, including to comply with law, prevent fraud, resolve disputes, enforce the Agreement and take other actions permitted by law.
You must promptly notify us if any of your account data is lost, stolen or used without permission.
13. California Privacy Rights
For California residents, we may share your personal information with third parties and affiliated third parties (such as local, state, and regional affiliates and affiliate alliances), for direct marketing purposes. As these third parties and this category of affiliated third parties are considered an unaffiliated party under California law, you may opt-out of our disclosure of personal information to third parties for their direct marketing purposes. To opt out please contact us at the contact information section provided below. Otherwise, we will continue to provide your information to local, state, and regional affiliates and affiliate alliances identified in your account.
The California Consumer Privacy Act (CCPA), effective January 1, 2020, gives California consumers enhanced rights with respect to their personal information that is collected by businesses. First, California consumers may opt out of having their personal information sold to other persons or parties. Second, they have a right to know:
1. What specific pieces of information a business has about the consumer;
2. Categories of personal information it has collected about the consumer;
3. Categories of sources from which the personal information is collected;
4. Categories of personal information that the business sold or disclosed for a business purpose about the consumer;
5. Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
6. The business or commercial purpose for collecting or selling personal information.
In addition, California consumers can request that the personal information a business has collected about them be deleted from the business's systems and records. Company may be considered a covered business under the CCPA as it collects and processes the personal information of California consumers. This Privacy Policy provides the required notices to California consumers. The CCPA also prohibits covered businesses from providing discriminatory treatment to California consumers if they exercise their rights under the Act. We do not rent or sell your personally identifiable information (such as name, address, telephone number and credit card information) to unaffiliated third parties for their marketing purposes. We may share your information with third parties to provide products and services you have requested, when we have your consent, or as described in this Privacy Policy. To make a "request to know" or request to delete your personal information, send us an e-mail at [email protected] (Please put either "Request to Know" or "Request to Delete" in the subject heading of your email.) We will use commercially reasonable efforts to honor these requests whether or not you would qualify as a California consumer under the CCPA. If and to the extent we are considered a covered business under the CCPA: We will confirm receipt of your request within 10 days along with a description of what steps we will take to verify and respond. We must provide the requested information or delete your personal information within 45 days of receipt of your request but can use an additional 45 days, but we must let you know the additional time is needed.
When contacting us, we may ask you to provide certain, limited personal information, such as your name, email address and/or account login ID and/or password, to verify your request and to match with our records and systems. This is also to protect against fraud. We will not retain this personal information or use it for any other purpose. Also please be advised that we need to search our records and systems only for the preceding 12 months.
Residents of other states may also have similar rights to request information about or delete their personal information. To inquire about exercising these rights, please contact us at [email protected].
Pursuant to California's "Shine The Light law (California Civil Code§ 1798.983), California residents are entitled, once a year and free of charge, to request the disclosure of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year, if any. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt out of this type of sharing. You may request this information by contacting us at [email protected] and indicate in the email subject line, "California Shine The Light Request." Please include your mailing address, state of residence and email address with your request.
14. Information Provided on Behalf of Children and Others
The Services are not intended for use by children and children are prohibited from using the Services. Laso Health does not knowingly collect any information from children, nor are the Services directed to children.
By accessing, using and/or submitting information to or through the- Services, you represent that you are not younger than age thirteen (13). If we learn that we have received any information directly from a child under age thirteen (13) without his/her parent’s written consent, we will use that information only to respond directly to that child (or his/her parent or legal guardian) to inform the child that he/she cannot use the Services, and we will subsequently delete that information.
If you are a California resident under 18 years old and have an account, you can request that we remove content or information that you have posted to our website or other online services. Note that fulfilment of the request may not ensure complete or comprehensive removal. To request removal of content or information, please email us using the contact information below.
If you use the Services on behalf of another person, regardless of age, you agree that Laso Health may contact you for any communication made in connection with providing the Services or any legally required communications. You further agree to forward or share any such communication with any person for whom you are using the Services on behalf.
15. Third Party Websites
Our App or Site may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites. A link to any third party site does not mean that we endorse it or the quality or accuracy of information presented on it.
16. Updates and Changes to Privacy Policy
We may change this Privacy Policy at any time, as we deem appropriate. Upon any such change, we will post the amended Privacy Policy on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Privacy Policy, the modification, and agreement to abide and be bound by the Privacy Policy, as amended. We encourage you to periodically review this Privacy Policy. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS PRIVACY POLICY, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE APP, SITE, AND THE SERVICES.
17. Contacts
If you have any comments, concerns or questions about this Privacy Policy, please contact us at [email protected] or at:
Laso Health, LLC.
215 N. San Saba
Ste 301
San Antonio, Texas 78207 Phone: (866) 527-6757
Fax: (210) 468-8001
© 2024 LASO Health, LLC. All rights reserved.
Customer Terms of Use
Last Updated Date: August 10, 2023
The following terms of use (“Customer Terms of Use”) constitute a legally binding agreement between you and Laso Health, LLC (“Laso Health,” “we,” or “us”) concerning your access to, and use of, the LasoHealth.com app (“App”), Laso Local, MyLASO, myLASO, and Laso Rx as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively and including the App, the “Site”) and in any case where these Customer Terms of Use are posted or referenced (collectively, the “Services”). These Customer Terms of Use, together with our PRIVACY POLICY and ACCEPTABLE USE POLICY (each of which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, whether or not you have created an account.
BY USING OR OTHERWISE ACCESSING THE SITE AND/OR SERVICES AND/OR BY CREATING AN ACCOUNT WITH US, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE CUSTOMER TERMS OF USE, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY AND THE USE RESTRICTIONS IN THE ACCEPTABLE USE POLICY. YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR THE SERVICES IN THE STATE OF TEXAS. IF YOU DO NOT AGREE TO BE BOUND BY THESE CUSTOMER TERMS OF USE, THE PRIVACY POLICY OR THE ACCEPTABLE USE POLICY, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITE OR THE SERVICES IN ANY WAY. If you create an 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 such individual’s or entity’s behalf.
Supplemental terms of use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Laso Health reserves the right, in its sole discretion, to make changes or modifications to these Customer Terms of Use at any time and for any reason. Laso Health will alert you about any changes by updating the “Last updated” date of these Customer Terms of Use; and by continuing to use these Services, you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Customer Terms of Use to stay informed of any potential updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, any changes in any revised Customer Terms of Use by your continued use of the Site and/or Services after the date such revised Terms are posted.
1. ABOUT THE SITE
While portions of the Services can be viewed without a Laso Health account, you shall comply with these Customer Terms of Use regardless of whether you have an active Laso Health account or not. To benefit from all of the Services we offer, you must create a Laso Health account and provide certain basic information about yourself, which you authorize Laso Health to use and disclose as described in our Privacy Policy.
You acknowledge that although some Content (as defined below) may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, diagnosis, treatment, or referral, but is provided to assist you in finding availability and scheduling appointments with doctors, dentists or other healthcare specialists, professionals, providers, or organizations (collectively, “Healthcare Provider”). You acknowledge that all such Healthcare Providers are independent from Laso Health, and Laso Health does not employ, and is not responsible for, the actions of any such Healthcare Providers; and, accordingly, Laso Health is not responsible for any medical advice, diagnosis, treatment or care you receive from any Healthcare Provider or any other healthcare professional or organization. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Site and/or Services, including, without limitation, Content provided in direct response to your questions or postings.
YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY INFORMATION YOU PROVIDE IN RELATION TO THE SITE IS ACCESSIBLE BY LASO HEALTH AND ITS EMPLOYEES FOR INTERNAL OPERATIONAL PURPOSES, AS WELL AS THAT INFORMATION BEING SHARED WITH HEALTHCARE PROVIDERS TO FACILITATE THE SERVICES.
THE INFORMATION DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LASO HEALTH MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY OF THE SITE’S FUTURE OR CONTINUED AVAILABILITY, COMPATIBILITY, OR EXISTENCE. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
• myLASO (also referred to as LASO+)
Laso Health also provides a membership service to some users as a part of the Services (“myLASO”). myLASO is only available to Laso Health users who sign up and pay the applicable Membership Fee (as explained below). myLASO allows members to gain access to telehealth treatments provided by MC Health MSO LLC (“Walmart Health”) and other Laso Partners (as defined herein) to the members (“Membership Services”). Through this partnership, Walmart Health, and other Laso Partners, provide telehealth services to users.
YOU ACKNOWLEDGE AND AGREE THAT LASO HEALTH DOES NOT PROVIDE ANY MEDICAL TREATMENT, MEDICAL ADVICE, TELEHEALTH TREATMENT, NOR ANY OTHER SERVICE WHICH COULD BE CONSTRUED AS THE PRACTICE OF MEDICINE IN CONNECTION WITH myLASO. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH myLASO. LASO HEALTH MAKES NO REPRESENTATIONS NOR WARRANTIES ABOUT THE QUALITY OF CARE PROVIDED IN CONNECTION WITH myLASO. YOU ACKNOWLEDGE THAT ALL PRODUCTS AND SERVICES FACILITATED BY LASO HEALTH, INCLUDING myLASO, ARE NOT INSURANCE AND SHALL NOT BE CONSTRUED TO BE AN INSURANCE POLICY NOR PLAN.
Laso Health charges a fee for access to the Membership Services (“Membership Fee”). Certain members may have access to the Membership Services through their employers, professional affiliations, or other organizations, and as a result, the Membership Fee will not apply to such members. If you are registering for the Membership Services as an individual and do not have access through your employer or other organization, you agree to and shall pay the Membership Fee as provided in this Membership Agreement. The Membership Fee Schedule is available at LASOHealth.com.
YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD FOR THE FULL MEMBERSHIP FEE DUE AT THE TIME OF INITIAL PAYMENT AND EACH RENEWAL, UNTIL YOU CANCEL. ANY CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT MEMBERSHIP CYCLE. YOU CAN CANCEL YOUR MEMBERSHIP BY LOGGING INTO YOUR LASO HEALTH ACCOUNT AND SELECTING CANCEL MEMBERSHIP ON THE MANAGE MEMBERSHIP PAGE OR BY CONTACTING US AT [email protected].
The Membership Services and Membership Fee are not covered services under any insurance contract to which you may be a party and are not reimbursable by your insurer, health plan or any governmental entity, including Medicare. You agree to bear sole financial responsibility for the Membership Fee and agree not to submit to your insurer, health plan or governmental entity any bill, invoice or claim for payment or reimbursement of such Membership Fee.
• LasoRx
Laso Health also provides a range of prescription savings card offerings to users as part of the Services (these services collectively being “Laso Rx”). Laso Rx allows members to gain access to prescription discounts, where applicable, and other benefits through partnerships with Capital Rx, LLC (“Capital Rx”), Symmetry-Card, LLC (“Symmetry”), and other Laso Partners. You acknowledge and understand that Laso Rx is not hosted or provided by Laso Health but is instead provided through Capital Rx, Symmetry, or other Laso Partners. As such, Capital Rx, Symmetry, or another Laso Partner could, in certain jurisdictions, be deemed a discount medical plan organization, but Laso Health is not. Laso Health partners with Capital Rx, Symmetry, and other Laso Partners to connect Laso Health users to Capital Rx, Symmetry, and other Laso Partner’s services through the Laso Rx platform.
YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH DOES NOT PROVIDE ANY DISCOUNT MEDICAL SERVICES NOR DISCOUNT MEDICAL PRESCRIPTIONS SAVINGS BUT INSTEAD CONNECTS USERS WITH CAPITAL RX, SYMMETRY, AND OTHER LASO PARTNERS THROUGH LASO RX. LASO HEALTH MAKES NO REPRESENTATIONS AND MAKES NO WARRANTIES CONCERNING THE QUALITY, AVAILABILITY, NOR SUFFICIENCY OF CAPITAL RX, SYMMETRY, OR OTHER LASO PARTNER’S PLANS THROUGH LASO RX. YOU ACKNOWLEDGE THAT LASO HEALTH IS NOT A PROVIDER OF A DISCOUNT MEDICAL PLAN THROUGH ITS LASO RX SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO RX IS NOT INSURANCE AND SHALL NOT BE CONSTRUED TO BE AN INSURANCE POLICY NOR PLAN. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH IS NOT LIABLE FOR ANY CLAIMS NOR INJURIES PROVIDED IN CONNECTION WITH SERVICES RENDERED BY CAPITAL RX, SYMMETRY, OR OTHER LASO PARTNERS UNDER A LASO RX MEMBERSHIP.
• Other Laso Partners
Laso Health will, from time to time, engage with other corporations and individuals to provide the Services (“Laso Partners”). You acknowledge and understand that some Services are being provided by the Laso Partners and are not being provided or serviced by Laso Health. As such, you acknowledge and understand that in some of these instances Laso Health is merely partnering with the Laso Partner to give you access to additional services and benefits and is not ultimately responsible for those services and benefits.
YOU ACKNOWLEDGE AND UNDERSTAND THAT SOME SERVICES ARE PROVIDED ENTIRELY BY LASO PARTNERS AND NOT BY LASO HEALTH. YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY SERVICES PROVIDED BY LASO PARTNERS DO NOT CHANGE THE FACT THAT LASO HEALTH IS NOT AN INSURANCE COMPANY, A HEALTHCARE SUPPLIER, A HEALTHCARE PROVIDER, NOR A DISCOUNT MEDICAL SERVICES CORPORATION.
2. LASO HEALTH IS NOT A HEALTHCARE PROVIDER, A HEALTHCARE SUPPLIER OR AN INSURANCE COMPANY
The Content that you obtain or receive from Laso Health, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. Laso Health does not provide medical advice or medical treatment of any kind. All medically related information, including, without limitation, information shared on any blog, social channel, email or text message associated with or integrated into Laso Health comes from independent healthcare professionals and organizations and is for informational purposes only.
NO INFORMATION PROVIDED BY US IS INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER UNDER ANY CIRCUMSTANCE. USE OF LASO HEALTH’S SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. YOU ACKNOWLEDGE THAT YOU SHOULD SEEK EMERGENCY MEDICAL TREATMENT IMMEDIATELY IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 9-1-1 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE. NOTHING STATED IN THESE CUSTOMER TERMS OF USE AND NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE A PROMISE OF GUARANTEE ABOUT THE OUTCOME OF ANY OF CUSTOMER’S TREATMENTS OR PROCEDURES FOR WHICH SERVICES ARE SOUGHT FOR AND RENDERED. LASO HEALTH MAKES NO SUCH PROMISES OR GUARANTEES. ANY SUCH COMMENTS ABOUT THE OUTCOME OF ANY OF CUSTOMER’S TREATMENTS OR PROCEDURES STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE EXPRESSIONS OF OPINION ONLY.
All options available on the Site, including without limitation, options related to the Healthcare Providers, locations and appointment times are provided to you for informational purposes and Laso Health does not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, 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 confirm 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.
Any Services provided by Laso Health, including premium services provided under any Laso Health, Laso Rx, or MyLASO membership models, are not insurance products and are not intended as a replacement for insurance. AMOUNTS PAID TO LASO HEALTH, IN ANY FORM, INCLUDING BUT NOT LIMITED TO MEMBERSHIP PAYMENTS, ARE NOT INSURANCE PREMIUMS. SHOULD A CUSTOMER DESIRE ANY TYPE OF INSURANCE, INCLUDING HEALTH INSURANCE, USERS WILL NEED TO PURCHASE SUCH INSURANCE SEPARATELY.
3. NO DOCTOR PATIENT RELATIONSHIP
DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR MEDICAL CARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES, DIRECTLY BY A HEALTHCARE PROVIDER TO YOU THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM LASO HEALTH INCLUDING, WITHOUT LIMITATION, ANY BLOG, SOCIAL CHANNEL, EMAIL OR TEXT MESSAGE ASSOCIATED WITH OR INTEGRATED INTO LASO HEALTH OR LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.
Laso Health encourages Healthcare Providers to use the Services responsibly, but we do not control, nor do we guarantee the availability of any Healthcare Provider at any particular time. By accessing the Site and/or Services, you agree and acknowledge that Laso Health is not liable for cancelled, or otherwise unfulfilled, appointments, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the Site or Services whatsoever.
4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS
AND HEALTHCARE PROVIDER LISTS
In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE OR CONSTITUTES A REFERRAL TO A HEALTHCARE PROVIDER BY LASO HEALTH. LASO HEALTH DOES NOT REFER PATIENTS TO HEALTHCARE PROVIDERS, DOES NOT ENTER INTO REFERRAL OR FEE-SHARING AGREEMENTS, OR COLLECTS A REFERRAL FEE FROM ANY HEALTHCARE PROVIDER. ANY FUNDS LASO HEALTH RECEIVES IN CONNECTION WITH THE SERVICES ARE FOR ADMINISTRATIVE SERVICES AND ARE NOT FOR PROVIDING HEALTHCARE SERVICES NOR REFERRALS.
LASO HEALTH SERVICES ARE ONLY INTENDED FOR CUSTOMERS AND HEALTHCARE PROVIDERS IN THE UNITED STATES. These Services are hosted in the United States and are intended only for Customers located in the United States. Laso Health makes no representation that the Services are appropriate or available for use outside of the United States. If you access our Services from outside the United States, you will be responsible for compliance with all local laws. Under California Civil Code Section 1789.3, Customers of the Services from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing or you may contact us at Laso Health.
Laso Health may exclude Healthcare Providers who, in Laso Health’s discretion, have engaged in inappropriate or unprofessional conduct, however Laso Health makes no representation that the Healthcare Providers are properly licensed in each State in which they do business. Laso Health shall not be liable for any injury resulting or arising from, or related to, the use of the Site or Services related to any Healthcare Provider who is not properly licensed in the State in which such Healthcare Provider practices.
Some Healthcare Providers listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Services. However, all such Healthcare Providers are independent of Laso Health, and Laso Health does not employ, and is not responsible for, the actions of any such Healthcare Providers. 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. These results are based on information that you provide to us, such as geographical location, symptoms and healthcare specialty. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Laso Health users, and past experience of Laso Health users with Healthcare Providers). Note that Laso Health (a) does not, 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 healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services with the exceptions of the Sponsored Results (as described below).
We may show you advertisements or sponsored results (“Sponsored Results”) on the Site, including above the search results. Laso Health receives additional fees from Healthcare Providers for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered as an endorsement or recommendation by Laso Health of the Healthcare Provider.
5. PAYMENTS FOR SERVICES; NO HEALTHCARE PROGRAM REIMBURSEMENT
You understand and acknowledge that by accessing and using the App, Site and/or Services, you acknowledge that all Services provided through us are self-pay only services for which the Customers will be solely responsible, and no part of the cost of the services will be submitted for reimbursement directly or indirectly by Customers or Healthcare Providers to commercial payors, nor to any state or federally funded healthcare programs, including, but not limited to Medicare, Medicaid, and TRICARE. Submitting claims for self-pay services to Federal, state, or commercial healthcare programs could expose you to civil and criminal liability and may result in removal from the App and Site.
6. CONTENT PROVIDED BY THIRD PARTIES
Healthcare Provider and Site Content is intended for general reference purposes only and is provided to you with limited or no editorial oversight from Laso Health. 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. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Laso Health provides any advice or qualification certification about any particular Healthcare Provider.
• No Endorsements. Laso Health does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through the App, Site and/or Services. The statements, comments, reviews, information and ratings contained in any Content are solely the opinion of the Customer submitting such Content and do not reflect the opinion of Laso Health or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives. You acknowledge and understand that Laso Health simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Content. Laso Health does not have any duty or obligation to investigate the accuracy of Content or the quality of the services performed by you or any other Healthcare Provider which is the subject of any Content. By using the App, Site and/or Services, you agree that it is solely your responsibility to evaluate your risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that you submit, transmit or otherwise convey through the App, Site and/or Services or otherwise.
• Waiver of Liability. Under no circumstances will Laso Health be liable in any way for any Content including, but not limited to any Content that contains errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the App, Site and/or Services or otherwise. You hereby waive any claims, rights or actions that you may have against Laso Health or any of its affiliates or subsidiaries with respect to any Content and release Laso Health and each of its affiliates and subsidiaries from any and all liability for or relating to Content.
• Indemnification. You agree to indemnify and hold Laso Health and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Laso Health with respect to any statements made by a Customer or Content submitted by a Customer which is communicated, posted or published by Laso Health on its App, Site and/or Services or to a third party.
7. PRIVACY POLICY
Laso Health reserves the right, and you authorize Laso Health, to use and assign all information regarding your use of the Site and all information provided by you in any manner consistent with the Privacy Policy. The Privacy Policy, which may change from time to time without prior notice, is a part of these Customer Terms of Use. Please review the Privacy Policy carefully, as your use of the Services constitutes your agreement to it.
8. YOUR RESPONSIBILITIES
• Your Account Username and Password
If you choose, or are provided with, an account, a user name, password, or any other piece of information as part of your use of the Site, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other third-party with access to this Site or portions of it using your user name, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Laso Health has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Laso Health, at any time in Laso Health’s sole discretion for any or no reason, including if, in Laso Health’s opinion, you have violated any provision of these Customer Terms of Use.
• Your Responsibilities Generally
You acknowledge that you are solely responsible for any expenses or costs arising out of, or related to, your healthcare. Usual, customary and any other charges for any medical or related services rendered by Healthcare Providers will be set by the Healthcare Provider and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Laso Health is accurate and up- to-date. A portion of the Services may not be available through Laso Health or your Healthcare Provider depending upon a number of factors. Ultimately, you acknowledge that you shall resolve any potential dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
You are responsible for your use of the Site and/or Services, including the privacy and security of any account, usernames and passwords assigned to or created by you. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You shall not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You shall not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider Content, appointment availability, and price information) for any purpose whatsoever.
You must use the Site and/or Services in a manner consistent with the Acceptable Use Policy. Please review the Acceptable Use Policy carefully, as your use of the Site and/or Services constitutes your agreement to it.
In addition to our rights in these Customer Terms of Use, we may take any legal action, and implement any technological measures, to prevent violations of the restrictions hereunder and to enforce these Customer Terms of Use, our Acceptable Use Policy.
• Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries
If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with Laso Health or whether you schedule or intend to schedule appointments through the Services, you acknowledge and agree that:
• You will not use the Site and/or 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. You will not use the Site and/or 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 kinds, frequencies or amounts of any product or service offered; or 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.
• You will not use the Site and/or Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
• You will not use the Site and/or Services, directly or indirectly, to engage in any activity in violation of federal and state Healthcare Laws. “Healthcare Laws” means all applicable Laws relating to the possession, control, warehousing, marketing, sale and distribution of pharmaceuticals, the operation of medical or senior housing facilities (such as, but not limited to, nursing homes, skilled nursing facilities, rehabilitation hospitals, intermediate care facilities and adult care facilities), patient healthcare, patient healthcare information, patient abuse, the quality and adequacy of medical care, rate setting, equipment, personnel, operating policies, fee splitting, including, without limitation, (a) all federal and state fraud and abuse laws, including, without limitation, the federal Anti-Kickback Statute (42 U.S.C. §1320a-7b(6)), the Stark Law (42 U.S.C. §1395nn), the civil False Claims Act (31 U.S.C. §3729 et seq.), (b) TRICARE, (c) HIPAA, (d) Medicare, (e) Medicaid, (f) the Patient Protection and Affordable Care Act (P.L. 111-1468), (g) The Health Care and Education Reconciliation Act of 2010 (P.L. 111-152), (h) quality, safety and accreditation standards and requirements of all applicable state laws or regulatory bodies, (i) all laws, policies, procedures, requirements and regulations pursuant to which Healthcare Permits are issued, and (j) any and all other applicable health care laws, regulations, manual provisions, policies and administrative guidance, each of (a) through (j) as may be amended from time to time.
9. CHANGES TO THE SERVICES; NEW SERVICES
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will Laso Health be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.
10. LINKS TO OTHER WEBSITES • Links to Other Sites
Hyperlinks to the Site may not state or imply any Laso Health sponsorship or endorsement of another website, publication, or service. The Content may not be incorporated into another website, publication, or service without Laso Health’s prior written approval. You agree to cooperate with Laso Health in causing any unauthorized framing or linking to stop immediately. Laso Health reserves the right to withdraw linking permission without notice.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Laso Health has no control over the contents of those sites or resources, and accepts no responsibility for them nor for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.
10. LINKS TO OTHER WEBSITES
• Links to Other Sites
Hyperlinks to the Site may not state or imply any Laso Health sponsorship or endorsement of another website, publication, or service. The Content may not be incorporated into another website, publication, or service without Laso Health’s prior written approval. You agree to cooperate with Laso Health in causing any unauthorized framing or linking to stop immediately. Laso Health reserves the right to withdraw linking permission without notice.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Laso Health has no control over the contents of those sites or resources, and accepts no responsibility for them nor for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.
11. CONTENT YOU POST OR SUBMIT
You will have the opportunity to submit feedback regarding your experiences with Healthcare Providers you find through the Services, to submit inquiries concerning possible medical needs, and to participate in the other interactive or community features of the Site (collectively, “Posted Information”). We may also invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Content, questions, comments, suggestions, ideas, feedback and other information and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). It is important that you act responsibly when providing Posted Information and Contributions. You represent and warrant that the Posted Information is up to date, accurate, complete, correct, truthful and complies with our Acceptable Use Policy and all applicable laws complete and accurate, and has not been provided in a misleading, negligent or fraudulent manner. Additionally, your Healthcare Provider reviews must comply with our guidelines for reviews. Laso Health reserves the right to remove or censor any Posted Information that does not comply with the Acceptable Use Policy, as determined by Laso Health in its sole discretion.
By posting Posted Information and Contributions through the Services, you agree to and hereby do grant, and you represent and warrant that you have all intellectual property rights necessary to grant to Laso Health and its contractors an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, sell, re-sell, translate, prepare derivative works of, incorporate into other works, or otherwise exploit, such Posted Information. This license is non-exclusive, except that you agree that Laso Health shall have the exclusive right to practice this license to the extent of combining your Posted Information and Contributions with the Posted Information and Contributions of other Laso Health users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.
LASO HEALTH RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT LASO HEALTH BELIEVES IS, OR MAY BE, INFRINGING OR VIOLATING OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR OTHER RIGHTS OR IN VIOLATION OF FEDERAL, STATE, LOCAL OR FOREIGN LAWS AT ANYTIME, WITHOUT PRIOR NOTICE TO YOU. YOU FURTHER AGREE THAT LASO HEALTH MAY TERMINATE YOUR ACCESS AND/OR ACCOUNT AT ANYTIME FOR ANY REASON WITHOUT NOTICE.
12. YOUR USE OF COMPONENTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Components”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Components and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Customer Terms of Use, no part of the Site and no Components or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Except as expressly provided herein, neither Laso Health nor its licensors grant you any express or implied rights, and all rights in the Site and/or Services not expressly granted by Laso Health to you are retained by Laso Health.
We may incorporate third party software as part of certain of the Site and/or 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 of use 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.
13. MOBILE APPLICATION LICENSE
• Use License
The App is a mobile application developed by Laso Health. We grant you a revocable, non-exclusive, non- transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms of use of this mobile application license contained in these Customer Terms of Use. Please read these Customer Terms of Use carefully before downloading or installing the App. You may only use this App pursuant to these Customer Terms of Use. By downloading, accessing, or otherwise using this App, you acknowledge that you have read, understood, and agree to be bound by these Customer Terms of Use. If you do not accept these Customer Terms of Use and do not wish to be bound by these Customer Terms of Use, do not download, install, or otherwise use the App. We reserve the right to make changes to these Customer Terms of Use at any time, without notice to you, by posting changes on the Site and or through the App. You acknowledge it is your responsibility to check back from time to time to ensure you are aware of any updates or changes to these Terms.
• Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site and/or Services: (1) you and Laso Health acknowledge that these Customer Terms of Use are concluded between you and Laso Health only, not an App Distributor, and the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) Laso health is responsible for providing any maintenance and support services with respect to the App as specified in the Customer Terms of Use of this mobile application license contained in these Customer Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you acknowledge and agree that Laso Health, and not an App Distributor, is responsible for addressing any claims you or any third party may have in relation to the App; (5) you acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the App Developer will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (6) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (7) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (8) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of use in this mobile application license contained in these Customer Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms of use in this mobile app
14. SITE MANAGEMENT
Laso Health reserves the right, but has no obligation, to: (1) monitor the Site for violations of these Customer Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Customer Terms of Use, including without limitation, reporting such user to law enforcement authorities; and (3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
This language applies if there are areas of the App and/or Site where users will upload/post content. If any of that user content infringed someone’s copyright, this is a safe harbor from liability under copyright law for infringement.
• Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
• Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright
Agent John M. Taboada
Taboada Law Firm PLLC Attn: Laso Copyright Agent1925 N. New Braunfels Ave. San Antonio, TX 78208 [email protected]
16. DISCLAIMER
You acknowledge that Laso Health has no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or having not acquired, or your use of Content. Laso Health makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or Services. We have no special relationship with or fiduciary duty to you. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON- INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. 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 PROVIDED OR RECEIVED THROUGH THE SERVICES. LASO HEALTH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. LASO HEALTH DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
17. GENERAL LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL LASO HEALTH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUES, DATA OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR SITE, EVEN IF LASO HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LASO HEALTH AND YOU. THIS SITE AND THE CONTENT DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LASO HEALTH THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE CUSTOMER TERMS OF USE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL LASO HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND KNOWN AND UNKNOWN CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE OR SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED U.S. $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
18. TERMINATION
Laso Health may terminate, suspend and/or deactivate your account at any time, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your account information. Laso Health may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. Laso Health shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to reactivate your account or create another account). Sections 1, 2, 3, 4, 6, 8, l0, 11, 12, 13, 14, 15, and 16 shall survive any termination or expiration of these Customer Terms of Use.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot and do not guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Customer Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
20. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LASO HEALTH, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE CUSTOMER TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR POSTED INFORMATION, ANY USE OF THE SITE OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE CUSTOMER TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE.
21. MISCELLANEOUS
• Electronic Contracting
Your affirmative act of using the Site and/or Services constitutes your electronic signature to this Agreement, which includes our Privacy Policy and Acceptable Use Policy, and your consent to enter into such agreements with us electronically.
• Changes to These Customer Terms of Use
We may change these Customer Terms of Use and the other documents that are part of the Agreement at any time, as we deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Customer Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Customer Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Customer Terms of Use and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE CUSTOMER TERMS OF USE OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.
• CHOICE OF LAW – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Bexar County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Customer Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose.
• Dispute Resolution – Important – Please Review as This Affects Your Legal Rights
• Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Customer Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
• Binding Arbitration
PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE REQUIRES, WITH LIMITED EXCEPTIONS IDENTIFIED BELOW, THAT YOU SUBMIT CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LASO HEALTH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY USING THE APP, SITE, AND SERVICES YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE OR PROVIDE THESE SERVICES. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS PROVISION YOU GIVE UP THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Bexar County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Bexar County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Customer Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
• Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
• Headings
The headings of the sections of these Customer Terms of Use are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of these Customer Terms of Use or any terms or conditions therein.
• Assignment
We may assign these Customer Terms of Use at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense these Customer Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.
• Eligibility
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Site and the Services. If you are between the ages of 13 and 18, or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Customer Terms of Use. Those under the age of 13 are not permitted to and may not use the Site or Services. Parents or legal guardians of a child under the age of 18 may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Customer Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Customer Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
If you do not qualify under these Customer Terms of Use or cannot comply with the Acceptable Use Policy, do not use the Site and/or Services. Use of the Site and/or Services is void where prohibited by applicable law, and the right to access the Site and/or Services is revoked in such jurisdictions. By using the Site and/ or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Customer Terms of Use. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk and Laso Health is not liable for any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the Site or Services whatsoever. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services or the Site.
• SMS/Text Communications
We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms of use imposed by your provider.
23. PAYMENT PROCESSING
• Payment and Transaction Processing Generally.
You may be permitted to use the Site and/or Services to pay for Designated Provider Services (as defined below), other products or services provided by the applicable Healthcare Provider, and/or other payment obligations, including, for example, missed appointment fees. In connection with such payments, we process your payment card information in accordance with our Privacy Policy. Laso Health and/or its payment processing partner may collect from the applicable Healthcare Provider a transaction processing fee for our billing, collection, and payment services (the “Transaction Processing Services”) performed in connection with such payment, which transaction processing fee is paid by you.
• Designated Provider Services.
Certain Healthcare Providers may provide through the Site and/or Services price information for their healthcare and related products and services (“Designated Provider Services”), and permit you to use the Services to pay for such Designated Provider Services.
Prior to scheduling an appointment for Designated Provider Services, please carefully review (a) the price information, and (b) all of the products and services that are included and excluded in each Designated Provider Service. Healthcare Providers are required to provide the applicable Designated Provider Service at or below the price indicated at the time of scheduling (“Designated Price”), unless you separately agree otherwise. Services in addition to or different from Designated Provider Services may be available, required, offered or rendered by Healthcare Providers. You and your Healthcare Providers are responsible for agreeing to any additional or different services. WE ARE NOT RESPONSIBLE FOR YOUR OR ANY HEALTHCARE PROVIDER’S FAILURE TO AGREE TO ANY ADDITIONAL OR DIFFERENT SERVICES.
You acknowledge and agree that:
(a) you are responsible for and you will pay the Designated Price for the Designated Provider Services charged through Laso Health by the applicable Healthcare Provider, as well as other amounts the applicable Healthcare Provider may charge through Laso Health for any additional or different services rendered during or related to the applicable appointment;
(b) you remain responsible for paying all amounts required by law and/or contract;
(c) Laso Health may process your payment, and may do so in collaboration with our payment processing partner;
(d) Laso Health is not responsible for any charges incurred for any products or services provided by Healthcare Provider, including any Designated Provider Service;
(e) Laso Health is not responsible for any charges submitted for processing by Healthcare Providers;
(f) in the event you dispute any fees chargeable or charged through Laso Health by a Healthcare Provider, you will resolve such dispute directly with the applicable Healthcare Provider;
(g) by using the Transaction Processing Services, you accept the terms of use and privacy policy of our payment processing partner with respect to Transaction Processing Services; and
(h) you will promptly review all charges processed through the Transaction Processing Services, and immediately notify Laso Health to the extent you have any questions, concerns or disputes; in no event may you raise any questions, concerns or disputes after twelve (12) months from the date of the applicable transaction; and
(i) You further acknowledge and agree that: neither Laso Health nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
(A) if you have not provided us with accurate, current and complete payment information;
(B) if you do not have sufficient available funds or available credit to complete the transaction;
(C) if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;
(D) if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;
(E) if we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or
(F) if we terminate or suspend the services we provide to the applicable Healthcare Provider.
24. ENTIRE AGREEMENT
These Customer Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and the entire understanding between you and Laso Health. Our failure to exercise or enforce any right or provision of these Customer Terms of Use shall not operate as a waiver of such right or provision. These Customer Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Customer Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Customer Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Customer Terms of Use or use of the Site. You agree that these Customer Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Customer Terms of Use and the lack of signing by the parties hereto to execute these Customer Terms of Use.
25. CONTACT
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
LASO Health, LLC
Attn: Tim S. Kaufeldt
215 North San Saba, Suite 301 San Antonio, TX 78207
Phone: (210) 624-7715
Fax: (210) 468-8001
© 2022 LASO Health, LLC. All rights reserved.
Acceptable Use Policy
Effective Date: January 27, 2020
Last Updated Date: September 6, 2023
1. RESTRICTED USES
You agree not to use the Laso Health App, Site and/or Services for any purpose other than that for which we make the Site and/or Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As an end user of the App, Site and/or Services, you agree not to use the App, Site and/or Services for any unlawful, infringing, tortious or harmful purpose, or in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
• systematically retrieve data or other content from the App or Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• store personal or sensitive information, including without limitation, any information protected by applicable federal and state privacy laws, including but not limited to “Protected Health Information” as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”); make any unauthorized use of the App or Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• circumvent, disable, or otherwise interfere with security-related features of the App or Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App, Site and/or Services and the Content contained therein;
• engage in unauthorized framing of or linking to the Site;
• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• make improper use of our support services or submit false reports of abuse or misconduct;
• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• interfere with, disrupt, or create an undue burden on the App or Site or the networks or services connected to the App or Site;
• attempt to impersonate another user or person or use the username of another user;
• book appointments or submit Posted Information by automated means or under false or fraudulent pretenses
• sell or otherwise transfer your profile;
• use any information obtained from the App or Site in order to harass, abuse, or harm another person;
• use the App or Site as part of any effort to compete with us or otherwise use the App or Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
• decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App or Site.
• attempt to bypass any measures of the App or Site designed to prevent or restrict access to the App or Site, or any portion of the App or Site.
• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App or Site to you.
• delete the copyright or other proprietary rights notice from any Content.
• copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• disparage, tarnish, or otherwise harm, in our opinion, us and/or the App or Site.
• access or use the Site in a manner inconsistent with any applicable laws or regulations.
• decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
• make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
• remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
• use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
• make the App available over a network or other environment permitting access or use by multiple devices or users at the same time.
• use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App.
• use the App to send automated queries to any website or to send any unsolicited commercial e-mail.
• use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the App, Site and/or the Services;
• reformat or frame any Content or portion of the web pages that are part of the Site and/or the Services; fraudulently or intentionally misuse the App, Site and/or Services, including without limitation scheduling an appointment with a Healthcare Provider which you do not intend to keep, or scheduling an appointment for Designated Provider Services which you do not intend to pay using the Transaction Processing Services;
• use any means, including software means, to conduct web scraping of any portion of the App, Site, its content or materials and/or the Services.
2. Zero Tolerance Spam Policy
You may not use the App, Site and/or Services to send spam or bulk unsolicited messages. Laso Health maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 or other laws or regulations relating to email marketing (“SPAM”).
• “Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.
• Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our App, Site and/or Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
• Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/ tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.
3. USER CONTENT
User Contributions
Pursuant to the Terms of Use, you may submit feedback, submit inquiries and participate in the other interactive and community features of the Site, which shall be considered Posted Information and or Contributions (collectively “User Contributions”). In providing feedback, please give clear, honest information about the Healthcare Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in interactive or community aspects of the Service, please do not post any information that another user or Healthcare Provider may use to individually identify you, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
We reserve the right to publish User Contributions as part of the Services and to also remove User Contributions for any reason. We are not, however, responsible for any failure or delay in posting or removing User Contributions.
Without limiting the generality of the foregoing:
You acknowledge and agree that User Contributions shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these User Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such User Contributions, and you hereby warrant that any such User Contributions are original with you or that you have the right to submit such User Contributions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your User Contributions.
When you create or make available any User Contributions, you thereby represent and warrant that:
• the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your User Contributions in any manner contemplated by the Site and these Terms of Use.
• you have the written consent, release, and/or permission of each and every identifiable individual person in your User Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Contributions in any manner contemplated by the Site and these Terms of Use.
• your User Contributions are not false, deceptive, inaccurate, or misleading.
• your User Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• your User Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• your User Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• your User Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
• your User Contributions do not violate any applicable law, regulation, or rule.
• your User Contributions do not violate antitrust, competition, or consumer protection laws.
• your User Contributions do not violate the privacy or publicity rights of any third party.
• your User Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• your User Contributions do not violate any federal or state law concerning child pornography (any such content will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children), or content that is potentially harmful to minors;
• your User Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• your User Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
User Contribution License
By posting your User Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully- paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Contributions, and you warrant that moral rights have not otherwise been asserted in your User Contributions.
We are not liable for any statements or representations in your User Contributions provided by you in any area on the Site. You are solely responsible for your User Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Contributions; (2) to re-categorize any User Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any User Contributions at any time and for any reason, without notice. We have no obligation to monitor your User Contributions.
4. COPYRIGHT ISSUES Laso Health Policy
Our policy is to (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or other users; and (b) remove and discontinue Service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the App, Site and/or the Services infringes a copyright, please send a notice of copyright infringement to Laso Health at the contact information listed below:
Laso Health, LLC
215 N. San Saba Ste 301
San Antonio, Texas 78207 Phone: (866) 527-6757
Fax: (210) 468-8001
Email to: [email protected]
Once an infringement notification is received by Laso Health, Laso Health may (i) remove or disable access to the infringing material; (ii) notify the content provider, member or user that it has removed or disabled access to the material; and (iii) for repeat offenders, terminate such content provider’s, member’s or user’s access to the Site and/or Service.
5. UPDATES AND CHANGES TO THE ACCEPTABLE USE POLICY
We may change this AUP at any time, as we deem appropriate. Upon any such change, we will post the amended AUP on the Site; we may also attempt to notify you in some other way. Your continued use of the App, Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the AUP, the modification, and agreement to abide and be bound by the AUP, as amended. We encourage you to periodically review this AUP. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS AUP, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE APP, SITE AND THE SERVICES.
6. ENFORCEMENT
Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account. We reserve the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to us, others or to the App, Site and/or Services, as determined in Laso Health’s sole discretion. Violations will be reported to law enforcement as determined by Laso Health in its sole discretion. A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services. Services posted on the App and Site are governed by U.S. law. Laso Health is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in our sole discretion, orders material to be removed, we will disable access to such material. Notwithstanding the foregoing, Site and Service users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. We reserve the right to take local legal considerations into account and to respond accordingly in our sole discretion. Enforcement of this AUP is at Laso Health’s sole discretion.
7. Reporting Violations of this AUP.
To report a violation of Laso Health’s AUP, please email [email protected]
© 2024 LASO Health, LLC. All rights reserved.
Healthcare Provider Terms of Use
Last Updated Date: August 10, 2023
1. ABOUT THE SITE
The provision of the Services does not create a medical professional/patient relationship between us and the Customers of the Site, and does not constitute an opinion, medical advice, or diagnosis or treatment. Instead, it is provided to assist you in locating potential customers and scheduling appointments for medical care (“Customers”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including, without limitation, Content provided in direct response to your questions or postings.
YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY INFORMATION YOU PROVIDE IN RELATION TO, AND ON, THE SITE IS ACCESSIBLE BY LASO HEALTH AND ITS EMPLOYEES FOR INTERNAL OPERATIONAL PURPOSES, AS WELL AS THAT INFORMATION BEING SHARED WITH CUSTOMERS TO FACILITATE THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT LASO HEALTH DOES NOT PROVIDE ANY MEDICAL TREATMENT, MEDICAL ADVICE, TELEHEALTH TREATMENT, NOR ANY OTHER SERVICE WHICH COULD BE CONSTRUED AS THE PRACTICE OF MEDICINE IN CONNECTION WITH THE SERVICES.
THE INFORMATION DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LASO HEALTH MAKES NO GUARANTEE OR WARRANTY OF THE SITE’S FUTURE OR CONTINUED AVAILABILITY, COMPATIBILITY, OR EXISTENCE. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.
LASO HEALTH SERVICES ARE ONLY INTENDED FOR CUSTOMERS AND HEALTHCARE PROVIDERS IN THE UNITED STATES. These Services are hosted in the United States and are intended only for Customers located in the United States. Laso Health makes no representation that the Services are appropriate or available for use outside of the United States. If you access our Services from outside the United States, you will be responsible for compliance with all local laws. Under California Civil Code Section 1789.3, Customers of the Services from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing or you may contact us at Laso Health.
Laso Health will, from time to time, engage with other corporations and individuals to provide the Services (“Laso Partners”). You acknowledge and understand that some Services are being provided by the Laso Partners and are not being provided or serviced by Laso Health. As such, you acknowledge and understand that in some of these instances Laso Health is merely partnering with the Laso Partner to give you access to additional services and benefits and is not ultimately responsible for those services and benefits.
YOU ACKNOWLEDGE AND UNDERSTAND THAT SOME SERVICES ARE PROVIDED ENTIRELY BY LASO PARTNERS AND NOT BY LASO HEALTH. YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY SERVICES PROVIDED BY LASO PARTNERS DO NOT CHANGE THE FACT THAT LASO HEALTH IS NOT AN INSURANCE COMPANY, A HEALTHCARE SUPPLIER, A HEALTHCARE PROVIDER, NOR A DISCOUNT MEDICAL SERVICES CORPORATION. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH IS NOT LIABLE FOR ANY CLAIMS NOR INJURIES PROVIDED IN CONNECTION WITH SERVICES RENDERED BY LASO PARTNERS.
Laso Health also provides a range of prescription savings card offerings to users as part of the Services (these services collectively being “Laso Rx”). Laso Rx allows members to gain access to prescription discounts, where applicable, and other benefits through partnerships with Capital Rx, LLC (“Capital Rx”), Symmetry-Card, LLC (“Symmetry”), and other Laso Partners. You acknowledge and understand that Laso Rx is not hosted or provided by Laso Health but is instead provided through Capital Rx, Symmetry, or other Laso Partners. As such, Capital Rx, Symmetry, or another Laso Partner could, in certain jurisdictions, be deemed a discount medical plan organization, but Laso Health is not. Laso Health partners with Capital Rx, Symmetry, and other Laso Partners to connect Laso Health users to Capital Rx, Symmetry, and other Laso Partner’s services through the Laso Rx platform.
YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH DOES NOT PROVIDE ANY DISCOUNT MEDICAL SERVICES NOR DISCOUNT MEDICAL PRESCRIPTIONS SAVINGS BUT INSTEAD CONNECTS USERS WITH CAPITAL RX, SYMMETRY, AND OTHER LASO PARTNERS THROUGH LASO RX. LASO HEALTH MAKES NO REPRESENTATIONS AND MAKES NO WARRANTIES CONCERNING THE QUALITY, AVAILABILITY, NOR SUFFICIENCY OF CAPITAL RX, SYMMETRY, OR OTHER LASO PARTNER’S PLANS THROUGH LASO RX. YOU ACKNOWLEDGE THAT LASO HEALTH IS NOT A PROVIDER OF A DISCOUNT MEDICAL PLAN THROUGH ITS LASO RX SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO RX IS NOT INSURANCE AND SHALL NOT BE CONSTRUED TO BE AN INSURANCE POLICY NOR PLAN. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH IS NOT LIABLE FOR ANY CLAIMS NOR INJURIES PROVIDED IN CONNECTION WITH SERVICES RENDERED BY CAPITAL RX, SYMMETRY, OR OTHER LASO PARTNERS UNDER A LASO RX MEMBERSHIP.
2. CONTENT YOU POST OR SUBMIT
You will have the opportunity to submit information about you, your qualifications, licenses, affiliated practices, credentials, ratings and reviews of your Customers and other information regarding your personal or professional practices and to participate in the other interactive or community features of the Site (collectively, “Posted Information”). It is important that you act responsibly when providing Posted Information. Your Posted Information must be up to date, accurate, complete, correct, truthful and comply with our Acceptable Use Policy and all applicable laws. Laso Health reserves the right to remove or censor any Posted Information that does not comply with the Acceptable Use Policy or applicable law, as determined by Laso Health in its sole discretion.
By providing Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have all intellectual property rights necessary to grant, to Laso Health and its 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, sell, re-sell, translate, prepare derivative works of, incorporate into other works, or otherwise exploit, such Posted Information. This license is non-exclusive, except you agree that Laso Health shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other Laso Health Customers for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.
LASO HEALTH RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT LASO HEALTH BELIEVES IS OR MAY BE INFRINGING OR VIOLATING OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR OTHER RIGHTS OR IN VIOLATION OF LOCAL OR FOREIGN LAWS AT ANYTIME, WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT LASO HEALTH MAY TERMINATE YOUR ACCESS AT ANYTIME FOR ANY REASON WITHOUT NOTICE.
3. WE DO NOT PROVIDE MEDICAL ADVICE NOR INSURANCE OFFERINGS
Laso Health is not a Healthcare Provider or supplier. The Content that you obtain or receive from Laso Health, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, and the Posted Information is for informational, scheduling and payment purposes only. You may not provide medical information, diagnoses or services through the Services. You represent and warrant that the Posted Information is up to date, accurate, complete, correct, truthful and complies with our Acceptable Use Policy and all applicable laws complete and accurate, and has not been provided in a misleading, negligent or fraudulent manner.
LASO HEALTH RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT LASO HEALTH BELIEVES IS OR MAY BE INACCURATE OR INCOMPLETE, AND/OR TERMINATE ANY HEALTHCARE PROVIDER ACCOUNT FOR POSTING SUCH INFORMATION, WITHOUT PRIOR NOTICE TO YOU.
NO INFORMATION PROVIDED BY US IS INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF A CUSTOMER ATTEMPTS TO INITIATE AN ENCOUNTER FOR EMERGENCY SERVICES, YOU ACKNOWLEDGE THAT YOU SHOULD ADVISE THE CUSTOMER TO CALL 9-1-1 OR SEEK EMERGENCY MEDICAL TREATMENT IMMEDIATELY. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 9
-1-1 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE. FURTHER, NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE OR CONSTITUTES A REFERRAL TO A HEALTHCARE PROVIDER BY LASO HEALTH. LASO HEALTH DOES NOT REFER PATIENTS TO HEALTHCARE PROVIDERS, DOES NOT ENTER INTO REFERRAL OR FEE-SHARING AGREEMENTS, OR COLLECTS A REFERRAL FEE FROM ANY HEALTHCARE PROVIDER. YOUR PROVISION OF THE POSTED INFORMATION IS SOLELY AT YOUR OWN RISK. NO POSTED INFORMATION MAY CONSTITUTE THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
Laso Health does not engage in the practice of medicine, nursing, or any other professional service performed by practitioners of the healing arts and does not prescribe or in any way authorize the prescription of any medications.
Any Services provided by Laso Health, including premium services provided under any Laso membership models, are not insurance products and are not intended as a replacement for insurance. AMOUNTS PAID TO LASO HEALTH, IN ANY FORM, INCLUDING BUT NOT LIMITED TO MEMBERSHIP PAYMENTS, ARE NOT INSURANCE PREMIUMS. SHOULD A CUSTOMER DESIRE ANY TYPE OF INSURANCE, INCLUDING HEALTH INSURANCE, USERS WILL NEED TO PURCHASE SUCH INSURANCE SEPARATELY.
You represent and warrant that at all times during your use of the App and the Services: (i) you will hold a valid and unrestricted state license or certification to practice in the field for which you are licensed or certified, and that you have never had any state license or certification limited, withdrawn, suspended, curtailed or revoked in any state or jurisdiction, nor have you ever been placed on probation by any applicable licensing board; (ii) you possess all appropriate certifications, registrations and approvals from the Federal Drug Enforcement Administration and any other applicable federal or state agency necessary to prescribe and dispense drugs, to the extent permitted under your license or certification, under applicable federal and state laws and regulations and, and no such certification, registration or approval now or previously held by you has ever been limited, withdrawn, suspended, curtailed, placed on probation or revoked; (iii) you are not now listed by a federal agency as excluded, debarred, suspended or otherwise ineligible to participate in any federal program, including Medicare and Medicaid, and you are not now listed, nor do you have any reason to believe that you shall be listed, on the HHS-OIG Cumulative Sanctions Report or the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs; (iv) no medical staff membership now or previously held by you have ever been limited, suspended, curtailed, revoked, placed on probation or withdrawn as a result of action (whether formal or informal) initiated by the health care facility or its medical staff, nor has any such membership ever been the subject of any proceedings which can result or could have resulted in the same; (v) you have never been convicted of a felony or any crime involving moral turpitude; (vi) you have never been a party to, or the subject of, any litigation investigation or proceeding, whether civil, criminal or administrative in nature, relating in any way to medical services provided or omitted to be provided by you and, to the best of your knowledge, there is no litigation, investigation or proceeding, whether civil, criminal or administrative in nature, pending against you; (vii) none of the execution, delivery or performance hereunder by you shall violate, conflict with or constitute a breach or default under any agreement (whether written or oral) to which you are a party or by which you are bound; and (viii) you are authorized to work in the United States. You shall give Laso written notice within three (3) days of becoming aware or receiving notice of any inability to make the representations and warranties set forth herein.
Any Services provided by Laso Health, including premium services provided under any Laso Health, Laso Rx, or MyLASO membership models, are not insurance products and are not intended as a replacement for insurance. AMOUNTS PAID TO LASO HEALTH, IN ANY FORM, INCLUDING BUT NOT LIMITED TO MEMBERSHIP PAYMENTS, ARE NOT INSURANCE PREMIUMS. SHOULD A CUSTOMER DESIRE ANY TYPE OF INSURANCE, INCLUDING HEALTH INSURANCE, USERS WILL NEED TO PURCHASE SUCH INSURANCE SEPARATELY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ADVERTISE, PROMOTE, OR OTHERWISE INDICATE IN ANY WAY THAT ANY LASO HEALTH SERVICES ARE INSURANCE OR CONSTITUTE A REPLACEMENT FOR INSURANCE.
4. NO DOCTOR PATIENT RELATIONSHIP
YOU ACKNOWLEDGE AND AGREE THAT LASO HEALTH IS NOT EMPLOYING YOU OR CONTRACTING FOR THE PROVISION OF HEALTHCARE SERVICES THROUGH THE SITE. THE SOLE PURPOSE OF YOUR USE OF THE SITE IS TO RECEIVE CONNECTIONS TO POTENTIAL CUSTOMERS IN NEED OF MEDICAL SERVICES. HEALTHCARE PROVIDERS ARE INDEPENDENT PROVIDERS WHO ARE NEITHER OUR EMPLOYEES NOR AGENTS NOR REPRESENTATIVES. LASO HEALTH’S ROLE IS LIMITED TO ENABLING THE HEALTHCARE PROVIDER SERVICES. THE HEALTHCARE PROVIDER THEMSELVES ARE RESPONSIBLE FOR ADMINISTERING THE SERVICES.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN ANY USER USES THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES, DIRECTLY BY YOU THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM LASO HEALTH INCLUDING, WITHOUT LIMITATION, ANY BLOG, SOCIAL CHANNEL, EMAIL OR TEXT MESSAGE ASSOCIATED WITH OR INTEGRATED INTO LASO HEALTH OR LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP CUSTOMERS FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.
Laso Health encourages Customers to use the Services responsibly, but we have no control over, and cannot guarantee the acts or omissions of a user at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the Site or Services whatsoever.
5. CONTACTING CUSTOMERS; AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS
In order to be listed on the App or Site, you must provide certain credentialing information and enter into a contract with us, and may be required to pay us a fee in order to be marketed through or to use the Services. You may also have the option to be featured in advertisements or sponsored results page (“Sponsored Results”) on the Site, for which additional fees may apply. Neither Healthcare provider listings, nor Sponsored Results shown through the Services constitute, and should not be considered as an endorsement or recommendation by Laso Health of the Healthcare Provider or representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide. All fees charged to Healthcare Providers by us will be consistent with fair market value in an arms-length transaction, and will not take into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or in part under any Federal Healthcare program.
YOU AUTHORIZE US, AS APPLICABLE, TO CHARGE YOUR CHOSEN PAYMENT METHOD FOR ANY FEES ASSOCIATED WITH YOUR ENROLLMENT IN ANY SPONSORED RESULTS PROMOTION, DUE AT THE TIME OF INITIAL PAYMENT AND EACH RENEWAL, UNTIL YOU CANCEL. ANY CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT PROMOTION CYCLE. YOU AGREE TO BEAR SOLE FINANCIAL RESPONSIBILITY FOR SUCH FEES.
In order to facilitate a connection between you and the Customers, Laso Health may provide your profile information to its account holders and Customers. Your profile is based on information that you provide to us, such as geographical location, services performed and healthcare specialty. Note that Laso Health (a) does not, recommend or endorse you to any Customer, (b) does not make any representations or warranties with respect to you or the quality of the healthcare services you may provide, and (c) does not usually verify the information or content provided by you or any Customer to Laso Health. Customers’ appointments will be scheduled through the App or Site, and you will be notified of the scheduled appointment and the services requested by our Customers.
YOU ACKNOWLEDGE AND UNDERSTAND THAT CUSTOMERS ARE RESPONSIBLE FOR CHOOSING THEIR OWN HEALTHCARE PROVIDER, NOT LASO HEALTH. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE OR CONSTITUTES A REFERRAL TO A HEALTHCARE PROVIDER BY LASO HEALTH. LASO HEALTH DOES NOT REFER PATIENTS TO HEALTHCARE PROVIDERS, DOES NOT ENTER INTO REFERRAL OR FEE-SHARING AGREEMENTS, OR COLLECTS A REFERRAL FEE FROM ANY HEALTHCARE PROVIDER. ANY FUNDS LASO HEALTH RECEIVES IN CONNECTION WITH THE SERVICES ARE FOR ADMINISTRATIVE SERVICES AND ARE NOT FOR PROVIDING HEALTHCARE SERVICES NOR REFERRALS.
5.1 Verification
You agree that your use of the Services, or certain features or functionality of the Services, may be subject to verification by us of your identity and credentials as a healthcare provider or healthcare professional, and to your ongoing qualification as such. You agree that we
may use and disclose your information for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the Services at any time if we are unable at any time to determine or verify your identity, qualifications or credentials. Laso Health may exclude you from the Site or Services if, in Laso Health’s discretion, you have engaged in inappropriate or unprofessional conduct. Laso Health shall not be liable if you are not properly licensed in the State in which you practice.
5.2 Direct Physician-Patient Relationship
You acknowledge and agree that your provision of any healthcare services to our Customers creates a legal and direct business relationship between you and the Customers, to which Laso Health is not a party. Laso Health is not responsible or liable for actions or inactions of a Customer in relation to your healthcare services. You shall have the sole responsibility for any obligations or liabilities to Customer or third parties that arise from your provision of healthcare services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a Customer or third party.
5.3 Informed Consent
You are solely responsible (and Laso Health disclaims all liability related thereto) for providing and collecting all informed consent forms and authorizations necessary to provide the healthcare services provided by you to Customers. You understand that it is your responsibility and obligation under state law to provide specific information to a Customer or a separate informed consent for the Customer to sign in connection with any healthcare services that you may provide. To avoid any doubt, in order to use the Services from Laso Health, we require that you obtain all required informed consent forms required by law from Customers. If you do not or cannot collect such informed consent forms applicable to Customers, you are not permitted to use the Services.
6. CONTENT PROVIDED BY THIRD PARTIES
6.1 Content is intended for general reference purposes only and is provided with limited or no editorial oversight from Laso Health.
Content may be provided by a Customer and collected from multiple other data sources that may not be confirmed by the Customer. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Laso Health provides any certification as to the accuracy of any Content.
6.2 No Endorsements
Laso Health does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through the App, Site and/or Services. The statements, comments, reviews, information and ratings contained in any Content are solely the opinion of the Customer submitting such Content and do not reflect the opinion of Laso Health or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives. You acknowledge and understand that Laso Health simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Content. Laso Health does not have any duty or obligation to investigate the accuracy of Content or the quality of the services performed by you or any other Healthcare Provider which is the subject of any Content. By using the App, Site and/or Services, you agree that it is solely your responsibility to evaluate your risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that you submit, transmit or otherwise convey through the App, Site and/or Services.
6.3 Waiver of Liability
Under no circumstances will Laso Health be liable in any way for any Content including, but not limited to any Content that contains errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the App, Site and/or Services or otherwise. You hereby waive any claims, rights or actions that you may have against Laso Health or any of its affiliates or subsidiaries with respect to any Content and release Laso Health and each of its affiliates and subsidiaries from any and all liability for or relating to Content.
6.4 Indemnification
You agree to indemnify and hold Laso Health and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Laso Health with respect to any statements made by a Customer or Content submitted by a Customer which is communicated, posted or published by Laso Health on its App, Site and/or Services or to a third party.
6.5 Additional Information
We may provide you with information provided by the Customers to assist you in clinical decision-making. This information may include general healthcare-related information and resources. We may also provide forums for our Customers to exchange information. You agree that the information and materials available through the Services are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgement. Information may be placed in the Services by us and by third parties beyond our control, including by funding sources of such information. We are not responsible for the accuracy or completeness of information available from or through the Services. You assume full risk and responsibility for the use of information you obtain from or through the Services, and neither we nor any of our licensors or data providers are responsible or liable for any claim, loss, or liability arising from use of the information. We do not recommend or endorse any provider of healthcare or health-related products, items or services, and the appearance of materials in the Services relating to any such products, items or services is not an endorsement or recommendation of them. You will review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use. We and our suppliers and licensors disclaim all warranties, whether expressed or implied, including any warranty as to the quality, accuracy, and suitability of the information provided by the Services for any purpose.
6.6 Safeguards
You will implement and maintain appropriate administrative, physical and technical safeguards to protect information within the Services. Such safeguards shall comply with federal, state, and local requirements, including the Privacy Rule and the Security Rule, whether or not you are otherwise subject to HIPAA. You will maintain appropriate security with regard to all personnel, systems, and administrative processes used by you or members of your staff to transmit, store and process electronic health information through the use of the Services.
6.7 Breach Notification
You will immediately notify us of any breach or suspected breach of the security of the Services of which you become aware, or any unauthorised use or disclosure of information within or obtained from the Services, and you will take such actions to mitigate the breach, suspected breach, or unauthorised use or disclosure of information within or obtained from the Services as we may direct, and will cooperate with us in investigating and mitigating the same.
7. Privacy Policy
Laso Health reserves the right, and you authorise Laso Health, to use and assign all information regarding your use of the Site and all information provided by you in any manner consistent with the Privacy Policy. The Privacy Policy, which may change from time to time without prior notice, is a part of these Terms of Use. Please review the Privacy Policy carefully, as your use of the Services constitutes your agreement to it.
8. YOUR RESPONSIBILITIES
8.1 Your Account Username and Password
If you choose, or are provided with, a username, password, or any other piece of information as part of your use of the Site, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Laso Health has the right to disable any account, username, password, or other identifier, whether chosen by you or provided by Laso Health, at any time in Laso Health’s sole discretion for any or no reason, including if, in Laso Health’s opinion, you have violated any provision of these Terms of Use.
8.2 Your Responsibilities Generally
Laso Health shall not be responsible for the payment of costs associated with any healthcare treatment or services provided by you. If you use the App, Site and/or Services, you elect to receive Customer payments through Laso Health and hereby agree to execute and deliver to Laso Health an authorisation agreement for direct payments whereby, among other things, Laso Health shall be irrevocably authorised to initiate transfers from Customers to Laso Health and subsequently to you in the amounts required or permitted under the Site, including payments for Services and payment of all other fees or charges due under this Agreement or any other agreement between you and Laso Health. Your authorisation for direct transfers as hereby provided shall be irrevocable and such transfers shall continue until all obligations are paid in full. You are responsible for ensuring that all information that you provide to Laso Health is accurate and up-to-date. A portion of the Services may not be available through Laso Health depending upon a number of factors. Ultimately, you must resolve any dispute between you or any Customer arising from any transaction hereunder directly with the Customer.
You are responsible for all use of the Services, including the privacy and security of any usernames and passwords assigned to or created by you. You
may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorised access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services for any purpose whatsoever.
You must use the Services in a manner consistent with the Acceptable Use Policy. Please review the Acceptable Use Policy carefully, as your use of the Services constitutes your agreement to it.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use or our Acceptable Use Policy.
8.3 Responsibilities of Healthcare Providers
You 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 Healthcare Provider.
(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 kinds, frequencies or amounts of any product or service offered; or 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.
(c) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
(d) You will hold and maintain (i) valid licenses, permits, approvals and authorities required by applicable law to practice and provide the healthcare services provided by you; (ii) adequate knowledge, training and expertise to provide the healthcare services in a professional manner with due skill, care and diligence and (iii) high standards of professionalism, service and courtesy.
(e) You may be subject to certain background checks and verification or validation efforts by Laso Health from time to time in order for you to remain eligible to use the Services.
(f) You will, at all times, provide Services in accordance with your responsibilities and obligations under state law and applicable ethical and legal practice standards. You will not use the Services to violate any ethical practice standards, or applicable state or federal laws.
Laso Health may require additional or corrected licenses, permits, approvals or authorities to be posted by you, as determined in Laso Health’s sole discretion. Laso Health shall not be responsible for verifying the accuracy or completeness of any licenses, permits, approvals or authorities posted by you. You shall comply with all requests by Laso Health for further information related to all required licenses, permits and approvals necessary for the provision of healthcare services by you.
8.4 Compliance with Law
You are solely responsible for ensuring that your use of the App and Services complies with applicable federal, state, and local law, including laws relating to the maintenance of the privacy, security, and confidentiality of patient and other health information. You will not grant any user, including members of your staff, any rights to access or use our Services that they would not be allowed to have under applicable laws. In using the Services, you are solely responsible for compliance with all laws relating to the transmission of text messages, automated or pre-recorded phone calls, faxes, email and other communications for refill reminders, appointment reminders, bill pay reminders or other purposes, including, without limitation, the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (codified at 15 U.S.C. Chapter 103), the Telephone Consumer Protection Act of 1991 (codified at 47 U.S.C. 227 et. Seq.), Do-Not-Call legislation and all similar international, federal or state laws. Without limiting the foregoing, in using the Services you are solely responsible for obtaining any consent or other permission required by such laws from your patients or other individuals to send any communication to your patients or other individuals. We offer no assurance that your use of the Services under the terms of this Agreement will not violate any law or regulation applicable to you. You acknowledge that we may share Your Information with third parties if we in good faith believe that disclosure of Your Information is necessary to (i) comply with a court order, warrant or other legal process, (ii) protect the rights, property or safety of Laso Health or others, (iii) investigate or enforce suspected breaches of these Terms of Use, or (iv) allow our third-party partners to comply with their obligations under federal or state law. You agree to price your healthcare services in compliance with all applicable laws, including but not limited to, any applicable federal, state and local Healthcare Laws, HIPAA, fee-splitting prohibitions, corporate practice of medicine prohibitions, state privacy laws, antitrust laws, and conditions for participation in Healthcare Programs, including Medicare, Medicaid, TRICARE, and/or any state or federal government insurance programs and/or plans. You further agree that your use of the App and Services shall not otherwise violate the terms of any commercial payor contracts to which you are a party or directly or indirectly bound.
8.5 Professional Responsibility
You will be solely responsible for the professional and technical services you provide. We make no representations concerning the completeness, accuracy or utility of any information in the Services, or concerning the qualifications or competence of persons who placed it there. We have no liability for the consequences to you or your patients of your use of the Services.
8.6 Payments for Services
No Healthcare Program Reimbursement. You understand and acknowledge that by accessing and using the App, Site and/or Services, you acknowledge that all Services provided through us are self-pay only services for which the Customers will be solely responsible, and no part of the cost of the services will be submitted for reimbursement directly or indirectly by Customers or Healthcare Providers to commercial payors, nor to any state or federally funded healthcare programs, including, but not limited to Medicare, Medicaid, and TRICARE. Submitting claims for self-pay services to Federal, state, or commercial healthcare programs could expose you to civil and criminal liability and may result in removal from the App and Site.
8.7 Discounts on items or services reimbursable by Federal healthcare programs.
You agree, acknowledge and represent that any discount offered to Customers for the Services will be in compliance with federal, state or local laws and rules regarding discounts and coupons for healthcare services including but not limited to federal and state Healthcare Laws. “Healthcare Laws” means all applicable Laws relating to the possession, control, warehousing, marketing, sale and distribution of pharmaceuticals, the operation of medical or senior housing facilities (such as, but not limited to, nursing homes, skilled nursing facilities, rehabilitation hospitals, intermediate care facilities and adult care facilities), patient healthcare, patient healthcare information, patient abuse, the quality and adequacy of medical care, rate setting, equipment, personnel, operating policies, fee splitting, including, without limitation, (a) all federal and state fraud and abuse laws, including, without limitation, the federal Anti-Kickback Statute (42 U.S.C. §1320a-7b(6)), the Stark Law (42 U.S.C. §1395nn), the civil False Claims Act (31 U.S.C. §3729 et seq.), (b) TRICARE, (c) HIPAA, (d) Medicare, (e) Medicaid, (f) the Patient Protection and Affordable Care Act (P.L. 111-1468), (g) The Health Care and Education Reconciliation Act of 2010 (P.L. 111-152), (h) quality, safety and accreditation standards and requirements of all applicable state laws or regulatory bodies, (i) all laws, policies, procedures, requirements and regulations pursuant to which Healthcare Permits are issued, and (j) any and all other applicable healthcare laws, regulations, manual provisions, policies and administrative guidance, each of (a) through (j) as may be amended from time to time. You further agree that any applicable discount will be applied equally to the full cost of the Service, and will not take into account Customers cost-sharing obligation, which are otherwise inapplicable to self-pay services.
9. Changes to The Services; New Services
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will Laso Health be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.
10. Links to Other Websites
10.1 Linking to the Site
Hyperlinks to the Site may not state or imply any Laso Health sponsorship or endorsement of another website, publication, or service. The Content may not be incorporated into another website, publication, or service without Laso Health’s prior written approval. You agree to cooperate with Laso Health in causing any unauthorised framing or linking to stop immediately. Laso Health reserves the right to withdraw linking permission without notice.
10.2 Links to Other Sites
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Laso Health has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.
11. Disclaimer
All of the Content is owned by us or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Laso Health’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, re-sell or otherwise exploit any of the Content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Laso Health nor its licensors grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Laso Health to you are retained by Laso Health.
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.
12. Disclaimer
You acknowledge that we have no control over, and no duty to take any action regarding: (a) which Customers gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, (e) what actions you may take as a result of having been exposed to the Content; or (f) what Posted Information you post. You release us from all liability for you having acquired, you having not acquired, your use of Content or your posting of Posted Information. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON- INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY CUSTOMERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. LASO HEALTH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. LASO HEALTH DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
13. General Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL LASO HEALTH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUES, DATA OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR SITE, EVEN IF LASO HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LASO HEALTH AND YOU. THIS SITE AND THE CONTENT DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LASO HEALTH THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL LASO HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE OR SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED U.S. $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14. Termination
We may terminate, suspend and/or deactivate your account at any time, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your account information. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. Laso Health shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to create another account). Sections 1, 2, 3, 4, 5, 7, 9, l0, 11, 12, 13, 14, 15, 16 and 17 shall survive any termination or expiration of these Terms of Use.
15. Indemnification
You agree to defend, indemnify, and hold harmless Laso Health, its affiliates, licensors, and service providers, and its owners, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including attorneys’ fees, arising out of or relating to:
(a) your violation of these Terms of Use or your use of the Site or Services, including, but not limited to, your Posted Information, any use of the Site or Services other than as expressly authorised in these Terms of Use or your use of any information obtained from the Site;
(b) the performance or omission of any healthcare services provided by you to any Customer or other third party;
(c) delays in evaluation or care due to technology issues or failure of the Site to operate properly;
(d) adverse drug interactions, allergic reactions, other judgments related to lack of access to medical records;
(e) malpractice claims, claims of negligent credentialing;
(f) violations by you of federal, state or local laws, including but not limited to Healthcare Laws, HIPAA, fee-splitting prohibitions, corporate practice of medicine prohibitions, state privacy laws, antitrust laws and conditions for participation in Healthcare Programs, including Medicare, Medicaid, TRICARE, and/or any state or federal government insurance programs and/or plans.
In addition, you hereby agree to indemnify, defend, and hold harmless us and other users, and our and their respective affiliates, officers, directors, employees and agents, from and against any claim, cost or liability, including reasonable attorneys’ fees, arising out of or relating to: (a) the use of the Services by you or your staff; (b) any breach by you or your staff of any representations, warranties, or agreements contained in these Terms of Use; (c) the actions of any person gaining access to the Services under credentials assigned to you or a member of your staff; (d) the actions of anyone using credentials assigned to you or any member of your staff that adversely affects the Services or any information accessed through the Services; (e) your negligent or wilful misconduct, or that of any member of your staff; (f) the performance or omission of any healthcare services provided by you to any Customer or other third party; (g) delays in evaluation or care due to technology issues or failure of the Site to operate properly; or (h) adverse drug interactions, allergic reactions, other judgments related to lack of access to medical records.
Your indemnifications obligations in these Terms of Use are cumulative, and are not intended to, nor do they, limit your indemnification obligations elsewhere in these terms of Use or at law, even if such obligations arise or are occasioned or triggered by a single assertion, claim, circumstance, action, event or transaction.
16. Miscellaneous
16.1 Electronic Contracting
Your affirmative act of using the Services and/or creating an account constitutes your electronic signature to this Agreement, which includes our Privacy Policy and Acceptable Use Policy, and your consent to enter into such agreements with us electronically.
16.2 Changes to These Terms of Use
We may change these Terms of Use and the other documents that are part of the Agreement at any time, as we deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE APP, SITE, AND THE SERVICES.
16.3 Choice of Law – Important – Please Review as This Affects Your Legal Rights
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in San Antonio, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose.
16.4 Dispute Resolution – Important – Please Review as This Affects Your Legal Rights
(a) Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
(b) Binding Arbitration
PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIM AGAINST LASO HEALTH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY USING THE APP, SITE, AND SERVICES YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE OR PROVIDE THESE SERVICES. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS PROVISION YOU GIVE UP THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Bexar County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Bexar County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
(c) Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
16.5 Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy and the Acceptable Use Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Laso Health to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
16.6 Headings
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
16.7 Assignment
You will immediately notify us of any breach or suspected breach of the security of the Services of which you become aware, or any unauthorised use or disclosure of information within or obtained from the Services, and you will take such actions to mitigate the breach, suspected breach, or unauthorised use or disclosure of information within or obtained from the Services as we may direct, and will cooperate with us in investigating and mitigating the same.
16.8 Eligibility
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Site and the Services.
If you do not qualify under these Terms of Use or cannot comply with the Acceptable Use Policy, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk. You are responsible for compliance with any local, state or federal
16.9 SMS/Text Communications
We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.
17. Payment Processing
17.1 Payment and Transaction Processing Generally
You may be permitted to use the Services to receive payment for Designated Provider Services (as defined below) and/or other payments, including, for example, missed appointment fees. In connection with such payments, we process the Customer’s payment card information in accordance with our Privacy Policy. Laso Health and/or its payment processing partner may collect from the Customer a transaction processing fee for our billing, collection and payment services (the “Transaction Processing Services”) performed in connection with such payment, which transaction processing fee is paid by the Customer.
· If a Customer cancels a scheduled appointment less than 24 hours prior to such scheduled appointment,
Laso shall charge its Transaction Processing Fee and the balance of amounts shall be paid to the Healthcare Provider. Customer shall not receive a refund.
· If a Customer cancels a scheduled appointment at least 24 hours prior to such scheduled appointment, Laso shall provide Customer with a full refund.
· If a Provider cancels a scheduled appointment prior to providing services to a Customer, Customer shall receive a full refund.
17.2 Designated Provider Services
You may provide through the Services price information for your healthcare and related products and services (“Designated Provider Services”), and permit Customers to use the Services to pay for such Designated Provider Services.
Prior to accepting an appointment for Designated Provider Services, please carefully review (a) the price information, and (b) all of the products and services that are included and excluded in each Designated Provider Service. You are required to provide the applicable Designated Provider Service at or below the price indicated at the time of scheduling (“Designated Price”), unless a Customer separately agrees otherwise. Services in addition to or different from Designated Provider Services may be provided, offered or rendered by you. You and the Customers are responsible for agreeing to any additional or different services. WE ARE NOT RESPONSIBLE FOR YOUR OR ANY CUSTOMER’S FAILURE TO AGREE TO ANY ADDITIONAL OR DIFFERENT SERVICES.
You acknowledge and agree that: Customers are solely responsible for and will pay you the Designated Price for the Designated Provider Services charged through Laso Health, as well as other amounts you may charge through Laso Health for any additional or different services rendered during the applicable appointment;
(a) Customers remain responsible for paying all amounts due for Designated Provider Services, as required by law and/or contract;
(b) Laso Health may process payments, and may do so in collaboration with our payment processing partner;
(c) Laso Health is not responsible for any charges incurred for any products or services provided by you, including any Designated Provider Service;
(d) Laso Health is not responsible for any charges submitted for processing by you;
(e) in the event you or a Customer disputes any fees chargeable or charged through Laso Health, you will resolve such dispute directly with the applicable Customer;
(f) by using the Transaction Processing Services, you accept the terms of use and privacy policy of our payment processing partner with respect to Transaction Processing Services; and
(g) you will promptly review any disputes regarding any charges processed through the Transaction Processing Services; and
You further acknowledge and agree that: neither Laso Health nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
(A) if the Customer has not provided us with accurate, current and complete payment information;
(B) if the Customer does not have sufficient available funds or available credit to complete the transaction;
(C) if the Customer does not have an active payment card, or if we are unable to confirm your payment card information or your identity;
(D) if the Customer’s or your account with us, the Customer’s or your account with our payment processing partner, the Customer’s or your access to the Services, or the Customer’s or your access to our payment processing partner’s services has been terminated or suspended for any reason;
(E) if we or our payment processing partner have reason to believe that the requested transaction is unauthorised; or
(F) if we terminate or suspend the services we provide to you or the Customer.
17.3 Sales Tax
All federal, state and local sales, use, and services taxes, value-added taxes, duties, fees, registration charges or other like charges (“Sales Taxes”) which are properly payable in connection with the purchase and sale of the Designated Provider Services contemplated by these Terms of Use shall be borne by the Party responsible for such Sales Taxes under the applicable law. Each party shall cause to be filed as required by it under applicable law all tax returns and other documentation, at its own expense, with respect to such Sales Taxes.
© 2024 LASO Health, LLC. All rights reserved.
LASO Health Information Authorization
Effective Date: January 27, 2020
Last Updated: September 6, 2023
1. Introduction
Our Products For Employers
LASO Health connects patients with healthcare providers by locating healthcare providers that offer private pay services and scheduling appointments with the healthcare provider of a patient’s choice. In order to provide you with its services, LASO Health requires certain background and health information (“Health Information”) from you, and LASO Health needs your permission to use and disclose that Health Information to healthcare providers. Your Health Information is private and is not required to be shared, but LASO Health cannot provide effective services if you do not sharecertain Health Information. If you decide to communicate your information to or share your Health Information with LASO Health, it will be protected under applicable federal and state privacy laws.
2. Privacy and Security Safeguards for Health Information
To further ensure the privacy and security of the Health Information shared by you, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) limits the uses and disclosures of PHI by most healthcare providers and by health plans (“covered entities”). Except in certain circumstances, your written authorization is required before covered entities may disclose your Health Information to a third party. For more information about how LASO Health collects, processes, protects, uses, and shares your information, please refer to LASO Health’s Privacy Policy.
3. Your Authorization
This LASO Health Authorization (“Authorization”) constitutes your written consent to allow LASO Health to collect, use, and share your Health Information, including, to provide LASO Health services to you, connect you with your selected healthcare providers, and for those purposes as described in the Terms of Use and permitted by law.
Specifically, by electronically signing this Authorization, you acknowledge and agree that the use of LASO Health services may involve personally identifiable information, including protected health information, to be shared with health care professionals and third parties. As such, you authorize LASO Health to collect, use, and share your Health Information, including, your demographic information and general health condition and needs information, for the following purposes:
• Scheduling appointments with your selected healthcare professionals;
• Optimizing your LASO Health user experience;
• Receiving appointment alerts and reminders;
• Describing health education topics and information about services, products, or resources that may be of interest to you; and
• The uses and disclosures set forth in the LASO Health Privacy Policy.
These uses and/or disclosures will be considered to be made by LASO Health as a result of your authorization, in which you further acknowledge and agree:
A. This Authorization expires upon the later of the termination of you participation or one (1) year from the date of your signature.
B. This Authorization is valid until such expiration date or earlier upon delivering a written revocation to LASO Health. Revoking this Authorization will not have any effect on the information that has already been released before LASO Health receives the written revocation. It is your responsibility to inform LASO Health of any desired change to this Authorization.
C. Once the information described in this Authorization is disclosed, the recipient(s) may not be required to follow the same privacy and security rules as LASO Health or healthcare providers and may be re-disclosed by the recipient(s). Upon such re-disclosure, the information may no longer be protected by federal or state privacy laws.
D. You have a right to receive a copy of this Authorization and the right to refuse to sign this Authorization. LASO Health, as applicable, will not condition treatment, payment, enrollment, or eligibility for health benefits on whether you sign this Authorization. A refusal to sign this Authorization may result in your ability to use the LASO Health App, Site, and Services.
E. LASO Health may disclose your Health Information to local, state, or other governmental agencies as required by applicable law.
F. Health Information may include, but is not limited to, behavioral health, genetic, STD, substance abuse, and/or other sensitive health information, and your signature authorizes release of such information.
G. To waive all claims against LASO Health related to the release of the information authorized to be shared for purposes related LASO Health services.
H. To have read and understand the content of this Authorization, and your signature authorizes the disclosure of the Health Information as described in this Authorization.
CH Marketing
This Authorization also gives LASO Health permission to use your Health Information for the purposes of marketing various healthcare services and products of third parties to you. LASO Health may receive financial remuneration from such third parties for its marketing activities, but it will not sell or otherwise share your Health Information with such third parties, except as de-identified or otherwise permitted by law.
5. Expiration and Revocation of Authorization
This Authorization shall continue in effect as long as you continue your access to the LASO Health App, Site or Services. If you wish to revoke this Authorization or to opt out of marketing, you must notify LASO Health by emailing [email protected]. Any revocation or opt-out will be effective upon receipt by LASO Health, but it does not apply retroactively to previous actions taken in reliance on this or a prior authorization. Additionally, a revocation of authorization regarding your Health Information does not affect LASO Health’s use of your information subject to and as set forth in the LASO Health Privacy Policy. Revocation may result in termination of your ability to use the LASO Health App, Site, and Services.
6. Acknowledgement
By creating a LASO Health account, or accessing the LASO Health App or Site, you authorize the use and/or disclosure of your Health Information as described above. You acknowledge that when your Health Information is disclosed to people or entities that are not required to abide by federal or state privacy laws, those people or entities may re-disclose your information to others and useyour information without being subject to penalties under those laws.