Laso
Health 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
◦
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 unauthorized
framing
or linking
to stop
immediately. Laso
Health reserves
the right
to withdraw
linking
permission without
notice.
•
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 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 application license contained in these Customer Terms of Use against you as a third-party
beneficiary thereof.
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.
22.
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: 866-527-6757
Fax: (210)
468-8001
© 2022 LASO Health, LLC. All rights reserved.