Last revision: November 11th, 2022
IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES
DO NOT USE THIS APP FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
Use of the Website/App. Wondermed, LLC d/b/a Wondermed (“Wondermed”), also referred to herein as “we” or “our” or “us”) is the contracted administrator to certain health care providers (the “Service Providers”), and, among other things, operates the website, mobile application and portal (collectively the “App”) on behalf of the Service Providers. The App enables the Service Providers to offer online telehealth services (the “Service”) that, when clinically appropriate, allows patients to receive health care services from the Service Providers, including, among other things, a prescription for ketamine lozenges from the Service Providers.
Wondermed is the owner and operator of the App and does not provide healthcare services. Service providers are independently contracted. Service Providers are not employed by Wondermed. The Service Providers, and not Wondermed, are responsible for the quality and appropriateness of the care they render to you. The Service Providers are independent of Wondermed and are merely using the App as a way to communicate with you. Any information or advice received from a Service Pprovider comes from them alone, and not from Wondermed. Your interactions with the Service Providers via the App are not intended to take the place of your relationship with your regular health care practitioners. Neither Wondermed, nor any of its subsidiaries or affiliates or any third party who may promote the App or Service or provide a link to the Service, shall be liable for any professional advice obtained from a provider via the App or Service, nor any information obtained on the App. You acknowledge that your reliance on any Service Providers or information delivered by the Service Providers via the App or Service is solely at your own risk and you assume full responsibility for all risks associated herewith. Wondermed does not make any representations or warranties about the training or skill of any Service Provider who deliver services via the App or Service. The content of the App and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Wondermed. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Wondermed, or in connection with any communications supported by Wondermed, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
- App Content. Any discounted service or price reflected in your medical record or payment invoice is not intended as a reward or inducement for the referral of you or any other patient, regardless of whether such discounted service or price was advertised or promoted to you prior to your relationship with Wondermed."
- Use of the App and the Service. You are responsible for your use of the App and Service, and for any use of the App or Service made using your account. We prohibit certain kinds of conduct that may be harmful to patients or to us. When you use the App or Service, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- upload or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Site or Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services;
- access the Services for use outside of the United States of America; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
If you upload, submit, store, send, or receive User Content to or through the App or Service, you give uspermission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the App and Service), display and distribute your User Content and information about health services rendered to Service Providers including the Service Provider located closest to the ZIP code you provided, to distribute your User Content to pharmacy network and software partners for the exclusive purpose of prescribing appropriate medicines, and to use the User Content for our internal management and administration, including for data analytics purposes, or otherwise as required or permitted by law. In order to assign to you a medical professional who is licensed to practice in your state, Wondermed will use the geolocation tracker on your mobile device.Wondermed will also identify and store your device identifier.We work with data analytics vendors to assess the operations of the App and to develop new services and functionalities. De-identified information may be shared with our vendor partners in order to perform this work. Subject to the requirements of HIPAA, we shall have no obligation to use, return, or review any User Content. This license is for the limited purpose of operating, promoting, and improving the App, and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the App and Service. You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
For products or services with subscription payments, the payment method you provide will be automatically charged at regular intervals as described in the checkout process. If a credit or debit card account is being used for a transaction, Wondermed or its Service Providers may obtain pre-approval for an amount up to the amount of the payment. If you would like to designate a different payment method or if there is a change to your payment information, please email firstname.lastname@example.org to process this change.
Any discounted service or price reflected in your medical record, checkout process, or payment invoice is not intended as a reward or inducement for the referral of you or any other customer or patient, regardless of whether such discounted service or price was advertised or promoted to you prior to your relationship with Wondermed or its affiliates.
THE APP, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE APP AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, WONDERMED AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE APP, OR THE OPERATION OR FUNCTION OF THE APP, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE APP OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN WONDERMED AND ITS AFFILIATES AND WONDERMED AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. WONDERMED AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE APP, NOR DOES WONDERMED ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE APP.
WONDERMED IS NOT LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE APP, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE APP, THE SERVICE, OR ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF WONDERMED HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL WONDERMED OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE APP DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF WONDERMED’S OWN NEGLIGENCE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE APP AND THAT WONDERMED AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.
WONDERMED AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APP. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF WONDERMED’S OWN NEGLIGENCE.
IN THE EVENT OF ANY PROBLEM WITH THIS APP, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE APP. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS APP, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR RETURN IN ACCORDANCE WITH OUR RETURNS POLICY.
The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such warranties and the extent of Wondermed’s liabilities, shall apply to the fullest extent permitted by law.
This arbitration agreement does not preclude you or Wondermed from seeking action by federal, state, or local government agencies. You and Wondermed also have the right to bring qualifying claims in small claims court. In addition, you and Wondermed retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
To be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the App;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the App without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.