Michael Chan, MD, MS, RST, Inc., a Nevada professional corporation, including any board members, representatives, employees, contractors, agents, and affiliates ("Company," "Medical Group", "Practice", "Clinic", "we," "us," "our") provides its services to you ("you", "user", "patient", "intended patient", "responsible party") through its website, software, applications, communications, documents, and select electronic services from third party providers (collectively, the "Platform"), subject to the following Terms and Conditions of Use ("Terms" or "Terms of Service").

Acceptance of Terms

By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use. If you do not agree, do not access or use the Platform. We reserve the right to modify these Terms at any time. Your continued use after changes constitutes acceptance of the new Terms.


Emergency Disclaimer

Use of our services is not appropriate for crises or emergencies. If you have a medical or mental health emergency, call 911 or go to the nearest emergency room. If you need emotional support, call or text the National Mental Health Hotline at 988 (free and confidential).

At all times, patients are responsible for providing an up to date emergency contact such as a family member, community member, or other social support (client support person) who can be called to support the patient's safety during crisis (someone in the home or nearby).

In the case of a crisis or emergency, the patient's healthcare provider (or authorized Company representative) has the permission to contact the patient's emergency contact to request assistance in evaluating the nature of the crisis or emergency and/or initiating 911 from the client’s home address. In the event of a crisis or emergency, the patient grants their healthcare provider and/or healthcare provider's delegate the necessary authorizations to release information to and for the emergency contact, and/or other professional service providers if deemed appropriate. The patient's healthcare provider and/or healthcare provider's delegate may conduct welfare checks for safety, and contact 911, emergency services, ambulance, police, fire department, crisis and suicide hotlines, and/or a local non-emergency phone number. All costs and fees associated with emergency services are the responsibility of the patient and/or the patient's responsible party, not their healthcare provider, healthcare provider's delegate, or the Company.


Platform Description

Our Platform facilitates the marketing and sale of healthcare services by providers to patients. Users may be classified as "Patients", "Guests", or "Members" with different access levels.


User Responsibilities

You agree to:

• Provide accurate registration information

• Maintain account confidentiality

• Comply with all applicable laws

• Not harass, demean, disrespect, provoke, threaten, yell at, abuse, or discriminate against other users, patients, staff, employees, healthcare providers, service providers, or any other parties or entities affiliated with the Company

• Not attempt unauthorized access to our systems and/or records

• Not interfere or tamper with any financial matters associated with the Company, including transactions, payments, invoices, funds, cards, bank accounts, and bank transfers

• Provide an accurate representation of your identity (no impersonation or misrepresentation)

• Update your health, medical, contact, emergency contact, and pharmacy information while being under our medical care

We may terminate your access for any violation of these rules.

Age Requirement

You must be 18 or older in order to use our Platform. We are not obligated to provide service to prospective patients who are under 18 years old. Minor patients (e.g. under 18 years old) will not receive any service under any circumstance, without the express written consent of their parent or legal guardian (must be over 18 years old), unless allowed by applicable local, state, and federal laws, and by the Company.


Intellectual Property

All content on the Platform is owned by the Company and protected by copyright laws. You are granted limited, non-exclusive use of the Platform.


Privacy and Data Use

Your use is governed by our Privacy Policy. We may collect information as you use the Platform to improve our services. Any health data will be maintained in accordance with HIPAA, COPPA, and any applicable laws.

By using our Platform, you attest that you have read, understood, and agree to our Privacy Policy.


Accuracy of Patient Information

By using our Platform and Services, you agree to represent all health, medical, personal, and contact information you provide with full accuracy.


Third-Party Content

We are not responsible for third-party websites or content linked from our Platform. Use these at your own risk.


User Content

You are responsible for all content you upload. By uploading, you grant us a license to use it for operating and promoting the Service.


Patient Reviews and Testimonials

If you submit a patient review and/or testimonial to us or a third party partner of ours, you agree to allow us to publish the review in part and/or in whole to the public unconditionally and in perpetuity.


Prescription Policy

Certain products require a valid prescription by a licensed healthcare provider. We do not dispense medications directly, and are not affiliated with any pharmacies unless otherwise specified.

We are not able to provide a cost estimate for prescription medications that do not come from a pharmacy partner.


Not an Insurance Product

We are not an insurance provider. We do not accept insurance. Costs are charged directly to you.


Availability of Services

Our Platform and Services may not be available in all states or outside the United States.


Technical Issues

Our website, and third party services and software may experience technical issues from time to time. If technical issues prevent you from attending your appointment or accessing other important information or services, please let us know. We will do what is within our control to provide information and/or services to the best of our ability, however we are not responsible for errors or access limitations caused by third party services and software. If you are unable to access your appointment, please contact us immediately.


Commercial Use

The Service is for personal use only. Commercial use requires express authorization.


Pricing

Appointments, Services, and Orders

Prices are available upon request. You agree to any prices of your requested appointment, service, and/or order, as specified by us, unless otherwise noted, and before you are charged and/or billed. You agree to the same prices in perpetuity unless otherwise specified by us. You accept that prices are subject to change, and that pricing may vary by patient.

Appointment Type Selection

When booking an appointment, you are required to specify or select an appointment type.

If you do not select an appointment type before booking an appointment, we may cancel your appointment and charge you 100% of the appointment cost. We also reserve the right to charge you for the highest priced appointment type that we offer.

Order Acceptance

By adding a card on file, clicking "purchase," or by otherwise submitting a payment, you agree to all payment processing standards, fees, and charges.


Payments

Payment Guarantees

You or your responsible party hereby guarantee payment of all charges incurred.

Appointment Booking

By requesting, booking, confirming an appointment, and/or having an appointment confirmed, you agree to:
- Be charged in full for your next appointment or appointment subscription up to several weeks before it is scheduled to begin. This enables us to secure your upcoming appointment timeslot(s). It is under our sole discretion whether to honor any requests to refrain from charging for any appointments, services, subscriptions, orders, or medications until a specified date and/or time before an appointment or other time of service or delivery. Once a charge or payment is made before an upcoming appointment, subscription, order, or medication sent, it cannot be reversed or refunded.
- Be charged a deposit for the full projected cost of any weight loss medication order from a pharmacy partner(s) up to several weeks before any such order is confirmed, finalized, and/or shipped. Since we are charged for weight loss medications that are shipped to patients regardless of a patient's ability to pay, this enables us to ensure that your payment is processed in full before we order medications that are shipped to you. If want to request that charges for your medication are not made until your upcoming appointment, please email us your request at ml@captainmd.com before potential charges are made; requests are not guaranteed to be honored. If during your appointment the cost of your medication order is for a lower amount than we charged you, or if you do not end up placing any medication order, the full amount charged will be assigned to your account as credit to be used for future appointment(s) and/or order(s) as long as you are an active patient.
- Have a Credit Card Authorization form with a valid credit card or form of payment on file with us at all times.
- Not be refunded or reimbursed for any portion of the payment for any appointment, or pharmacy partner orders that have already been made for any reason.

Pharmacy Partner Orders

We work with reputable pharmacy partners to help lower the cost of certain medications for our patients.

If you are to receive an order from a pharmacy partner, you agree to pay the following MINIMUM amounts, unless agreed upon by a Company representative:
$230 - Semaglutide 0.25-2.4mg dose (1 month supply)
$425 - Tirzepatide 2.5-7.5mg dose (1 month supply)
$450 - Tirzepatide 10-15mg dose (1 month supply)

The minimum pricing is for reference only, and actual pricing may be higher.

If we pay for the initial cost of a patient's order (including any applicable costs or fees) at a pharmacy partner of ours:

• The patient or patient's responsible party has authorized and agrees to be charged for all aspects related to the order, including medications, medical supplies, products, shipping and handling, and any applicable costs or fees.

• If your provider has sent a medication order on your behalf to a pharmacy partner, it confirms that you requested and approved the order, authorized payment for it, irrevocably.

• If your provider has written notes (doctor notes) during your scheduled appointment in our electronic health records (EHR) system, the existence, details, and timestamp of the notes confirm that you requested, attended, and agreed to pay for the appointment. Your provider's notes about your medical condition and any prescriptions are not written without your input.

• If your provider has written notes (doctor notes) during your scheduled appointment in our electronic health records (EHR) system about specific amounts of Semaglutide or Tirzepatide, but has not specified Mounjaro, Ozempic, Wegovy, and/or Zepbound either in the notes or in your prescription medication order that was sent to a pharmacy, you agree that it confirms you requested and approved any related or subsequent orders for compounded Semaglutide and/or Tirzepatide in the amounts specified by the provider, and authorized payment for the medication, irrevocably.

• The patient or patient's responsible party must pay us directly for all aspects of the order in full within 24 hours (1 calendar day) of us sending the associated prescription and/or order to the pharmacy partner with a valid form of payment, or we will cancel the order.

• We will not change, cancel, or refund the order or any applicable costs or fees on behalf of patient or patient's responsible party after we have submitted the prescription and/or order to any pharmacy partners.

If the patient or patient's responsible party changes or cancels the order 24 hours (1 calendar day) or more after the order was submitted, we will not provide a refund for the order or any applicable costs or fees.

We are not responsible for lost, stolen, damaged, delayed, substituted, incorrect, or ineffective goods sent by a pharmacy partner or any third parties, and will not reimburse any portion of them, refund their cost, or replace them. If a medication order is marked as delivered by a delivery company, the order is considered complete, even if you claim that you did not receive the order. If you encounter an issue with an order from a pharmacy partner of ours, you must contact them directly to resolve the issue. We are unable to resolve issues related to medication preparation and filling, fulfillment, packaging, shipment, delivery, medication, and/or government regulation that involve a pharmacy partner.

Credit Card Usage, Charges, and Payment Processing

We accept U.S.-issued credit and debit cards only. Payments and purchases are processed through third-party vendors.

In order to secure your timeslot for your upcoming appointment(s), you agree to have your payment card charged for the full cost of your appointment and any anticipated orders, up to several weeks before your next appointment, appointment package (bundled appointments), and/or subscription begins.

We reserve the right to charge a patient or patient's responsible party using the credit card(s) on file for any funds or payments owed. If we are unable to successfully charge credit card(s) for the full amount of funds or payments owed, then we will bill the patient or patient's responsible party, and the funds or payments owed are due within 24 hours of the bill being sent.

Users agree to refrain from initiating a payment on their own, whether online, through the Patient Portal, or by other means, unless we provide an expressly written agreement or approval of such payment in advance. We are unable to refund payments that are initiated by users, but if such payment was made by or on behalf of an established, active patient, we will treat the funds received as an account credit for the intended established patient: we will apply any funds received in full towards the established patient's future appointments, orders, charges, and/or fees. If a user is not an established, active patient but has initiated a payment that was not agreed upon or approved in advance, we are unable to refund the payment, and will not provide account credit for a user.

If you do not have a payment card on file due to removing it, or requesting to remove it, we are unable to refund any previous payments. Any payments made previously will remain as account credit or be applied to any upcoming appointments and/or orders.

Credit Card Ownership and Financial Responsibility

By adding a payment card on file ("card on file"), you confirm that you are the primary owner of the card on file, are solely responsible for and guarantee all charges made on it, and authorize all charges made to the card prior to your upcoming appointment. If you are not the primary owner of the card on file, you confirm that you have received pre-approval in writing that 100% of any charges made on the card are valid, acknowledged, understood, approved, and guaranteed by the primary owner of the card on file. Further, you testify that, if you are not the primary owner of the card on file, it belongs to your responsible party, and you have previously officially designated them as your responsible party in your account with us. You agree that, if the owner of the primary card on file denies or disputes charges made on your behalf, or if any charges do not get made in full for payments you and/or your responsible party owe, that you will be 100% financially responsible for any charges, payments, and fees, and penalties owed, as determined solely by the Company.

For any card on file you and/or your responsible party designate, you and/your responsible party pre-approve and guarantee any charges made to the card in order to cover any amounts owed to the Company on your behalf, in accordance with the Terms specified herein, irrevocably and in perpetuity.

You agree that if you provide us with a payment card that you do not have written pre-approval for, and/or that your responsible party does not authorize, any charges made by the Company to the payment card were made in error due to being misled by you, and the Company is to be held harmless against any repercussions. In this case, you and/or your responsible party may have committed fraud against the Company and the payment card owner(s). The Company has the right to pursue any legal action as a result. You and/or your responsible party are still fully responsible for any payments owed.

Order Acceptance

By having a payment card on file, being charged, submitting a payment, or having an outstanding balance owed, you agree to all applicable payment processing standards, fees, and charges.

Payment Disputes

If you do not agree with a payment charge, you agree to first contact us to resolve the matter instead of issuing a payment dispute (charge dispute or chargeback).

In the event that you initiate a charge dispute, we must receive it within 24 hours of the corresponding initial charge, payment, request for payment, invoice, or order submission being made. If we do not receive the charge dispute within that timeframe, the charge dispute is invalid and you will not receive any payment, refund, charge reversal, credit, or other compensation.

Charge disputes for appointments that were already scheduled and/or confirmed for a patient, and/or for orders that were already submitted to any pharmacy partner are not valid. We will not pay, refund, reverse charges, credit or compensate for any portion of such charge disputes.

Once we submit an order for a patient to a pharmacy partner, we are not responsible for any aspects of the order including: timely receipt, transcription, shipment, fulfillment, packaging, medication instructions, delivery, correction, cancellation, completion, completeness, quality, spoilage, loss, accuracy, substitution, stock issues, return, replacement, customer service, receipt by the intended recipient, impact of federal, FDA, state, local, or other applicable regulations or restrictions.

We are not responsible for any payment charges made to you by third parties including pharmacy partners and other companies.

Regardless of the charge dispute outcome, you agree to pay us a $200 service fee per charge dispute that you initiate plus all processing fees associated with the charge dispute and original payment under our sole discretion, within 24 hours of issuing the initial charge dispute. If we are unable to deduct the full amount of the service and processing fees from your card or charge dispute payout, you agree to pay us any service and processing fees owed within 24 hours of the charge dispute outcome, otherwise you will incur a late payment fee. Account credits cannot be used to pay any service, processing, or late payment fees. In the event you win a charge dispute according to your bank, but we have sufficient evidence proving that the charges we made were valid, you are still responsible for paying for the services and/or products you requested or ordered plus processing fees determined by our sole discretion. Once we send an invoice for any amount you owe, you agree to pay it within 24 hours. If you do not pay the amount owed within 24 hours, we may charge late fees, send your bill to collections, report fraud to law enforcement, and pursue legal action.

You agree to not put a payment card on file for anyone other than yourself or your responsible party. If you or your responsible party have provided us with a payment card that belongs to another party, you have done so without our knowledge, and without our permission. If the cardholder of the payment card and/or their issuing financial institution denies, reports, or otherwise files a charge dispute on, all consequences are subject to the same terms herein, and you will hold the Company harmless for any consequences. You or your responsible party hold full and sole responsibility and liability for all consequences, including but not limited to:

• Charge dispute fees

• Late payment fees

• Payment processing fees

• Administrative fees

• All costs

• All damages

• Legal responsibility

• Patient discharge, and any repercussions of such

Late Payments

Unpaid balances, including payments that are made after an appointment is completed, and payments that are made more than 48 hours after a pharmacy order has been billed to you, are subject to a $5 flat fee plus 2% compound interest per day.

The following enables us to ensure timely care for our patients: If you have an upcoming appointment with us, you grant us with automatic and irrevocable permission to charge your card a minimum of 1 week before your appointment. As long as you have an upcoming appointment with us, any requests or demands you make to not charge your card without your permission are null and void. If you have requested that we do not charge your card without your permission and we are unable to charge your card a minimum of 1 week before your upcoming appointment for any reason, you are subject to an additional service fee of $50.

Debt Collection

If you do not provide full payment within 30 days of an original invoice or attempted charge for appointment(s), order(s), and/or any other fees, we reserve the right to send your bill to a debt collection agency, and to charge any additional fees for processing, legal fees, and/or any other associated administrative fees we deem appropriate.

Account Credits

We charge the price for each patient's upcoming appointment, service, and/or order that is determined in advance by the Company, and which is in effect in perpetuity until further notice. Should a billing and/or accounting error occur, you agree to provide proof of the amount you were billed or charged incorrectly within 24 hours of the original charge. We will make our best effort to adjust any billing and/or accounting errors within 4 weeks of receiving the proof. The full amount of any overcharges will remain on your account as a full credit (account credit) that is applicable to your future appointments, services, and/or orders. Account credits cannot be transferred or refunded.

If a patient or patient's responsible party decides to close their account with us, we will not refund or return any account credits associated with the patient's account.

Any account credit that exists on a patient's account will be applied to the patient's next visit(s), subscription(s), and/or pharmacy partner order(s) by default.

If a patient or patient's responsible party is not intending to close their account with us but would like for any portion of their account credit to be returned or refunded, we will subtract any processing fees and associated charges from the amount refunded or returned.

Refund Timing

In the event that you are to receive a refund from our practice, you agree to allow for a minimum of 60 days to have the funds processed and sent to you, excluding any time required by financial institutions, payment processors, and/or intermediary parties to process, display, and/or make available the refund or payment.

Payments Processing

We use third party service(s) to process and record payments. We are unable to control refund processing times and payments processing fees charged by third party services.


Fees and Refunds

Insurance

We do not accept health insurance. However, users are encouraged to use health insurance for the cost of their medications if applicable.

Cancellations, No Shows, and Refunds

In the event of cancellations, no-shows, missed appointments, failure to reschedule an appointment at least 1 week before the appointment, or if you reschedule the same appointment more than 3 times:

• We may charge the partial or full cost of any associated appointments, subscriptions, services, and/or orders at our sole discretion.

• We will not provide refunds or credits, whether partial or in full.

• We are not obligated to reschedule the appointment, or change the appointment status.

Cancellations: If a patient or patient's responsible party cancels an appointment or subscription less than 1 month before their next appointment or subscription commencement date, we are not obligated to provide refunds for any associated appointment, subscription, service, or order.

To cancel any upcoming appointments, you agree to notify us in writing over email a minimum of 1 month before your upcoming (next scheduled) appointment.

If you cancel or reschedule one appointment, but do not clearly specify that you want to cancel other appointments (e.g. subsequent or future appointments), you accept that your future appointments (subscription) will continue, and you will be financially responsible for them. If you cancel or reschedule one appointment until further notice, you accept that your future appointments (subscription) will continue starting with your next appointment, and you will be financially responsible for them, unless you request a specific date and time for your next appointment.

No shows (missed appointments): If a patient does not show up within 5 minutes of their scheduled appointment, it is considered a no show or missed appointment, and the patient or patient's responsible party will not receive a refund for any associated appointment, subscription, service, or order. If a patient has not submitted a valid form of payment in an appropriate location on a Credit Card Authorization Form or our Patient Portal, if we are unable to process their payment using their card on file, or if the patient has removed all payment cards on file such that there are no valid forms of payment on file remaining, their appointment is considered a no show or missed appointment unless the patient has rescheduled or cancelled their appointment on time. We may cancel any or all future appointments for a patient who has had one or more no shows (missed appointments), including if they have not filled out all patient intake forms we sent them in entirety, or if they provided a card on file that we were unable to successfully process their payment through. We are not obligated to allow someone who has one or more no shows (missed appointments) to have future appointments with us. If a patient does not show up for one or more appointments (no show), their next scheduled appointment and/or subscription will continue in perpetuity until the patient cancels appointment(s) and/or subscription(s) in writing via email to ml@captainmd.com.

Refund processing fees: For any refunds we provide, we reserve the right to subtract all processing fees associated with the charge(s) from the amount refunded.

If your appointment has already been completed, you will not receive a refund. If you are unable to obtain or pay for medication(s) you were prescribed, follow through on your recommended course of treatment, be granted a prior authorization from your health insurance company, or obtain desired results, you will not receive a refund. If the pharmacy you asked us to send your medication(s) to does not fill your prescription for any reason, or if you do not receive medication(s) from them that you were prescribed, or otherwise expected to receive, you will not receive a refund.

If you seek treatment(s) or medication(s) that your healthcare provider deems unsuitable for you based on their medical discretion, they may recommend another treatment(s) that they deem suitable for you. You will not receive a refund if you disagree with, or do not follow through with, the treatment(s) or medication(s) recommended or prescribed by your healthcare provider. If the pharmacy you asked your prescription(s) and/or medication(s) to be sent to does not fill your order, prescription(s), and/or medication(s) for any reason, you agree to be responsible for all follow up actions you expect to happen or that need to happen, including checking the stock level at any pharmacy, and transferring your prescription to another pharmacy. Your healthcare provider is not required to modify your prescription or transfer it to another pharmacy.

If you reschedule the same appointment more than 3 times, we reserve the right to cancel your appointment, and you will not receive a refund.

We are not responsible for the actions or practices of any businesses or entities other than those directly of the Company itself.

Prohibitive Cost of Medications

If the cost of your medications is prohibitive for you, we will not provide a refund for your appointment.

Prior Authorizations

We make an effort to obtain prior authorizations from patients' healthcare insurance companies in order to lower the cost of certain medications upon request. We are entitled to charge a fee for the service of attempting to obtain prior authorizations.

If we are unable to obtain a prior authorization for medication from a healthcare insurance company, or if you are not satisfied with a prior authorization we are able to obtain, you will not be refunded the prior authorization fee nor your appointment fee.

Doctor Letters

If you request a Doctor Letter, you agree to allow your healthcare provider to include within it any personal and health information they consider potentially helpful or necessary according to their professional judgment. You agree that the success of the Doctor Letter is limited by the information you provide us, and other circumstances outside of our control. You will not hold us accountable or liable for any negative repercussions of issuing a Doctor Letter.

We cannot guarantee outcomes of any doctor letters we create for patients, including but not limited to a third party's approval, granting, or issuing of the following:
- Accommodation
- Emotional Support Animal
- Health Insurance Coverage
- Medical Approval, Assessment, Diagnosis, Excuse, or Necessity
- Medical Leave or Time Off
- Prior Authorization
- Reimbursement, Refund, Expense Qualification, or Payment
- Return to Work
- Sick Leave
- Travel Approval


Receipts and Reimbursements

Receipts

Active patients may access and download receipts for appointments, services, and orders by logging into the Patient Portal.

Some appointments, services, and/or orders may be eligible for reimbursement or as HSA or FSA expenses, however we cannot guarantee the success of any such attempts.


Appointments

Patient Intake Forms

All patient intake forms that we send a patient must be completed in entirety, contain up to date and accurate information, and submitted to us before any appointment they have can begin. This includes the Credit Card Authorization Form. Patients are responsible for updating their information as requested on the Patient Intake Forms at all times, including before each upcoming appointment, while being an active patient of ours.

If we are unable to charge a patient's card on file (the payment card(s) we request from the patient on the Credit Card Authorization Form), and the patient has not updated their card on file before their appointment, we may change the patient's appointment status to "no show" as of the patient's appointment time.

Virtual Appointment Requirements

At the time of your scheduled appointment, please dial into your appointment by clicking the link here.

Our virtual appointments require patients to communicate using video and/or voice calling over the Internet. Patients must be on reasonably fast Internet connections during the entire duration of their appointments. If your healthcare provider is unable to hear and/or see you, please use a faster Internet connection, or use another device to dial in to your appointment link. If you are not able to use a sufficient unable to hear and/or see you after a reasonable attempt, we may cancel or reschedule your appointment.

If you get disconnected from your virtual appointment before it has concluded, we require that you attempt to dial back into your appointment immediately. If you do not successfully join and continue your appointment within five minutes of getting disconnected, we may cancel or reschedule your appointment. If you get disconnected from your appointment more than two times during the course of your appointment, we may cancel or reschedule your appointment.

If your healthcare provider gets disconnected from your virtual appointment before it has concluded, please remain in the appointment link until your healthcare provider dials back in. You are required to follow any instructions that we communicate with you regarding accessing your virtual appointment. If your healthcare provider is unable to reconnect to your virtual appointment, we may cancel or reschedule your appointment.

Appointment Timing

We expect patients to be on time for their appointments, so that we can serve all of our patients. If you do not attend your appointment within 10 minutes of your scheduled appointment time, your appointment will be considered a missed appointment.

Although expected to be infrequent, your provider may be late to your appointment by up to 1 hour due to busy patient schedules. If your provider is unable to conduct your appointment for any reason, we will reschedule your appointment.

If the duration of your appointment exceeds the original amount of time allocated for it by 1 minute or more, your healthcare provider may not be able to continue the appointment. If your healthcare provider agrees to extend the duration of your appointment by 1 minute or more, you may be subject to an additional fee that we determine.

Appointment Time and Date

You acknowledge that the time of your appointment is noted in PST (Pacific Standard Time) by default, unless otherwise indicated. Please convert the time of your appointment according to your local timezone. For example, an appointment time of "8am" means 8am PST / 9am MST / 10am CST / 11am EST. You are solely responsible for adhering to the correct time and date of your appointment accordingly.

You agree to have all of your appointments recur every 4 weeks in perpetuity starting with your first appointment, unless otherwise determined by your provider, and to be solely responsible for all associated appointment and order costs.

One Patient Per Appointment

We serve a maximum of one patient per appointment. If you need appointments for more than one person, please book separate appointments for each person. If more than one patient is served during an appointment that was scheduled for one person, we reserve the right to charge you accordingly, for multiple appointments.

Multiple Services in One Appointment

We can accommodate multiple medical needs (appointment reasons) in the duration of one appointment, but we have the right to charge for each service provided separately. You agree to be charged separately for different visit types during the same visit if we deem it applicable - for example, ADHD and Weight Loss each incur separate charges.

If you want us to address multiple medical needs for you, please have them addressed during the same appointment instead of booking multiple separate appointments.

Appointment Rescheduling

You may reschedule appointments by messaging your healthcare provider a minimum of 48 hours before your next appointment. Appointments outside of this timeframe will not be rescheduled unless approved by the Company. We reserve the right to charge the full cost of any appointments that are not rescheduled within this timeframe regardless of your attendance. If you attempt to reschedule an appointment outside of this timeframe, do not receive approval, and do not show up for the appointment, your appointment attendance is considered a no show.

If we reschedule an appointment for you that you previously missed (no show), we reserve the right to charge an appointment rescheduling fee that is determined under the sole discretion of the Company.

In the event that we need to reschedule your appointment for a reason not related to your care, you will be notified of your new appointment date and time. We will aim to reschedule appointments during your healthcare provider's soonest available timeslot, or at a time we determine is best. If you are unable to make it to the appointment time we rescheduled for you, please notify us as soon as possible.

Appointment Duration

Intended patients agree to any minimum and maximum appointment durations that their healthcare provider sets for them. If the intended patient exceeds the maximum appointment duration, they agree to allow their healthcare provider to end their appointment at their discretion and will not hold the Company or their provider responsible for any consequences. If the intended patient does not meet a minimum appointment duration that their healthcare provider sets for them, they accept that their provider may not be able to provide them with adequate care, and they will not hold the Company or their provider responsible for any consequences.

Patient Information

We reserve the right to cancel appointments if intended patient information is not accurate or has been misrepresented. We will not provide a refund in this case.

Appointment and Service Costs

Each appointment type, service, and/or order has associated costs and/or fees that are at the sole discretion of the intended patient's provider and which the patient's responsible party agrees to have sole responsibility for paying. As soon as any appointment is booked, price is quoted, or for a minimum of 1 month before the commencement of any appointment or subscription, whichever applicable duration is greatest, the responsible party agrees to pay all associated costs and/or fees for the appointment and/or subscription.

As solely determined by the Company, any appointment and/or subscription may have multiple associated appointment types, services, and/or orders that are considered discrete and have separate associated costs and/or fees; these may be aggregated into the same appointment and/or subscription. For example, if a patient has both an ADHD appointment and Weight Loss appointment, these are discrete appointment types with separate associated costs and/or fees, and both appointment types may be conducted during the same appointment and/or subscription at the sole discretion of the Company.

Prescription Practices

Patients are solely and entirely responsible for picking up, ordering, paying for, administering, and taking the medication(s) and prescription(s) sent to a pharmacy by their healthcare provider.

Patients who are unable or unwilling to pick up, order, pay for, receive, and/or administer or take their prescription(s) that were submitted by their healthcare provider will not receive a refund for any part of their appointment(s), subscription(s), prescription(s), medication(s), and/or order(s).

If you believe that your healthcare provider has not submitted a prescription for you that they promised to, or that your provider submitted your prescription information incorrectly, you have 48 hours to notify your provider, and/or the Company. If your provider and/or the Company deem it appropriate to, we will make a best effort to correct or submit the prescription, but we do not guarantee any results.

We are not responsible for incomplete or incorrect prescription fills by your pharmacy. If your pharmacy does not fill a prescription we submitted to them in part or in whole, if it has filled your prescription incorrectly, or if it has otherwise given you or sold you a medication that we did not prescribe, we are not responsible.

Medication Availability

If your medication is not available to you, or if you otherwise do not receive your medication, we will not provide a refund for your appointment.

If you need to transfer your prescription to a different pharmacy than what you previously confirmed with us, please contact your original pharmacy directly. We are not obligated to transfer your medication(s) and/or prescription(s) to a different pharmacy.

If you have run out of or have lost any medications that were prescribed or ordered by your provider at the Company before your next appointment, we may not be able to take any action. It is under the sole discretion of your provider whether to take any action, or what action to take such as providing a prescription, replacement, documentation, doctors letter, or communications with any pharmacy, insurance provider, employer, third party, or other entity. Controlled substance medications in particular are highly regulated and monitored, and have strict limitations that we honor.


Patient Results

We do not guarantee patient results or medical outcomes, and cannot factor in all potential side effects or negative responses to treatments and/or medications. Patients are responsible for adhering to medication limits and best practices. Patients agree to receive and follow the medication and/or administering instructions from the pharmacy they receive medication(s), prescription(s), and/or order(s) from. You will not hold your healthcare provider or the Company responsible for any drug interactions, side effects, results, or consequences arising from medication(s) or the administering of medication(s), and you agree to adhere to guidance from the pharmacy you receive medication(s) and prescription(s) from regarding drug interactions and side effects.

Your healthcare provider uses their medical judgment when treating patients. If you are unhappy with, suffer from, or are harmed by any aspect of your treatment, medical advice, guidance, prescription(s), medication(s), or any aspect of the service and/or offerings provided by your healthcare provider or the Company, you will not hold your healthcare provider or the Company responsible. We define suffering and harm as including negative health consequences such as addiction, overdosing, improper use, side effects, drug interactions, impairment, bodily injury and harm, cancer, death, and reputational, societal, and financial impacts.


Consent to Treatment and Right to Refuse Service

By seeking the telehealth services we provide, you consent to medical treatment by a qualified medical professional (healthcare provider).

Your healthcare provider has the right to refuse telehealth services in certain situations based on their professional medical judgment, including when the patient's condition is not suitable for a virtual visit, the healthcare provider lacks the necessary expertise to treat the issue, a service or medication requested by the patient is deemed suboptimal, insufficient, or not appropriate, or if the patient's behavior is disruptive or impedes proper care. They will not refuse service based on discriminatory factors like race or disability.

Our services are solely held remotely through telehealth, and not in person, unless agreed upon in writing with the Company. We are not responsible for any misunderstanding regarding appointment locations.


Patient Classifications

"Patient's responsible party" is the intended patient or intended patient's legal guardian by default, and is effective as soon as the intended patient or their legal guardian submits an appointment request or agrees to an appointment for the patient. The intended patient's responsible party may be designated as a different financially responsible party if documented in the intended patient's Patient Intake forms.

"Intended patient" refers to someone who has requested, booked, or confirmed a doctor appointment with the Company.

"Established patient" refers to a patient that has completed one or more doctor appointments with the Company, and has completed and submitted all fields in the Patient Intake forms sent or requested by us, including but not limited to: Demographic Information, Credit Card Authorization Form, Telehealth Consent, and all other forms sent by us to the patient. An established patient must have a valid card on file that we have been able to successfully charge (process payment through) in full for their upcoming appointment, order, and/or other service or fee.

"Active patient" refers to an established patient who has an active account, and has one or more future appointments confirmed with CaptainMD. An active patient has not requested to cancel their future appointment(s), and/or to stop their medical treatment.

"New patient" refers to a patient who has an appointment scheduled but has not yet completed any appointments.

By booking an appointment or having future appointments scheduled with us, you acknowledge and agree that this action alone does not establish a patient-provider relationship.


Patient Discharge

If you engage in any of the following actions, you indicate that you do not want to, or are unable to proceed with receiving medical treatment from any healthcare provider working for or affiliated with the Company, and are terminating any provider-patient relationship:

• Failure to make a full payment or have a card on file charged before an appointment you have booked

• Have an outstanding balance owed for more than 1 day

• Block, prevent, or reverse charges for any payments or charges made

• Initiate a payment dispute, whether in full or in part, for payments or fees owed, services rendered, and/or orders made

• Missing one or more appointments (no show)

• Failure to fill out all fields within our Patient Intake Forms before an appointment

• Suspected violation of any aspect of our Terms of Service, Privacy Policy, and/or Telehealth Consent

• Repeated requests, or perceived coercion or antagonization of your provider for medications that they will not prescribe according to their professional judgment.

• Any requests to be discharged as a patient are to be made by sending an email to ml@captainmd.com; by doing so, you agree to allow 90 days for your request to take effect

As a result of any of the above, you agree that:

• You may be discharged as a patient immediately and irrevocably.

• Being discharged as a patient does not constitute medical negligence by your provider or the Company.

• You may contact your provider in the event of an urgent or emergency medical situation for up to 3 weeks after the most recent appointment you attended successfully; otherwise, your healthcare provider is not obligated to provide further medical treatment to you.

• Depending on the circumstances of the patient discharge, we have the sole discretion to disallow or cancel any appointments you try to book or reschedule, with no refund.

• As of the time of patient discharge, any payment disputes and/or requests for refunds or credits are not valid.

If you were previously an established patient, you understand that your healthcare provider is accessible to you for a reasonable period after discharge - for up to 3 weeks after the most recent appointment you attended successfully - in the following scenarios:

• Concerns or complications that require follow-up care immediately after being discharged

• Issues or complications with medications

• Care coordination with healthcare professionals for your transition

• Patient education

• Complication prevention

Termination Rights

We reserve the right to terminate access to our services at any time without notice.

Effect of Termination:
Upon termination, all rights to use our services cease.


Usage of Patient Portal for Communications

We use a Patient Portal that is powered by Tebra (Kareo) in order to communicate with our patients. This facilitates the exchange of important information including messaging and billing statements.

The Patient Portal is located at portal.kareo.com.

Patients agree to use the Patient Portal as their default method of communicating with us in all circumstances except in the case of an urgent medical need, or if we request that a patient uses a different communication method. Communications that patients send outside of the Patient Portal that are not for an urgent medical need or that are not requested by us may not be received or valid.

Do not reply to automated appointment reminders that are sent via email and text message, as we do not receive such communications; therefore such communications are invalid.


Prescription Services

We may facilitate prescription delivery through partner pharmacies. Prescriptions, prescription changes, and prescription transfers are made and/or sent at the healthcare provider's discretion.


Weight Loss Patients: Consumer Bill of Rights

Weight loss patients should make an informed decision to pursue weight loss using prescription medications by reading the following:

1. WARNING: Rapid weight loss may cause serious health problems. (Rapid weight loss is weight loss of more than 1.5 pounds to 2 pounds per week, or weight loss of more than 1% of body weight per week after the second week of participation in any weight loss plan.)

2. Only permanent lifestyle changes - such as making healthful food choices and increasing physical activity - promote long-term weight loss.

3. Consult your healthcare provider before starting any weight loss plan.

4. Qualifications of your healthcare provider are available upon request.

5. You have a right to:

• ask questions about the potential health risks of any weight loss plan, and what your healthcare provider will support and educate you about.

• know the price of treatment, including the price of any extra products and services (if applicable).

• know the plan duration that is being recommended for you.

If you seek weight loss services from the Company, you agree that you have read and understood the relevant warnings and precautions, and personally and fully accept any consequences. You agree to hold the Company, its directors, employees, contractors, and affiliates harmless against any consequences related to or resulting from weight loss services. You are solely responsible for the use of any services and medication.

Florida weight loss patients:

You have read and agree to the Weight Loss Consumer Bill of Rights, and understand that you can access the latest version of it here. (2024).

Arbitration Agreement

By using our website or receiving services from our practice, you agree to the following binding arbitration terms:
Any dispute, claim, or controversy arising out of or relating to your use of our website, the services provided by our practice, or any aspect of your relationship with us, shall be resolved through final and binding arbitration. This includes, but is not limited to, claims of professional malpractice, breach of contract, or any other legal theory.

In the event of any dispute arising from or relating to our telehealth services, the parties agree to resolve the matter through final and binding arbitration. The maximum amount of any award or payout resulting from such arbitration shall be limited to the greater of: (a) $1,000 or (b) three times the total fees paid by the client for services within the 12 months preceding the dispute, not to exceed $5,000. This limitation applies to all claims, including but not limited to those for actual damages, punitive damages, and attorney's fees. The arbitrator shall have no authority to award any amount exceeding this limit. Both parties agree to waive any right to recover damages in excess of this limitation.

Key Terms

1. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time of filing.
2. The arbitration shall be conducted by a single neutral arbitrator, selected from a panel of arbitrators with relevant industry experience.
3. The arbitration shall take place in Las Vegas, Nevada, United States, which shall be the exclusive venue for resolving disputes.
4. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
5. The arbitrator must apply the substantive and procedural law of Nevada, including applicable statutes of limitations.
6. This agreement to arbitrate applies to all parties involved, including the Company, its employees, agents, and affiliates.
7. The parties agree to waive any right to pursue claims on a class, collective, or representative basis.
8. Michael Chan MD, MS, RST Inc. shall be entitled to recover reasonable attorneys' fees and costs.

Important Notices

By agreeing to arbitration, you are waiving your right to a jury trial and to participate in a class action lawsuit.

Confidentiality of the arbitration proceedings and outcome is required to the fullest extent permitted by law.

Exclusions

This agreement does not apply to claims that may be brought in small claims court.

Claims involving intellectual property rights may be pursued in court at our discretion.

By continuing to use our website or receiving services from our practice, you acknowledge that you have read, understood, and agree to be bound by this arbitration agreement.


Indemnity and Release

Patients, users, and providers agree to indemnify the Company against claims arising from their use of our services.


Disclaimer of Warranties

Our Platform and Services are provided "as is", without warranties of any kind.


Medical Disclaimer

Telehealth services are not a substitute for in-person medical care, and should not be used in emergency situations.
You may be recommended to have in-person care instead of, or in addition to the telehealth services provided, if determined to be necessary.

The service is intended for informational and educational purposes only, and does not constitute professional medical advice, diagnosis, or treatment.

Users are responsible for disclosing accurate, complete, and up to date information about their health during telehealth encounters.

The website and any of its providers are not liable for any issues or risks associated with using or acting upon the information provided through the telehealth service.

The telehealth service does not establish an ongoing doctor-patient relationship beyond a specific encounter.


Provider Qualifications

Your healthcare provider is required to be fully and adequately licensed to practice in the U.S. state of your telehealth visit. For information about your provider's license(s) and qualifications, email ml@captainmd.com.


Telehealth Consent

The standard of care for telehealth services is the same as for in-person medical encounters. Telehealth is considered a tool in medical practice, not a separate form of medicine.

By using our Platform and Services, you consent to having any appointments with your healthcare provider remotely through telehealth visits that are conducted via video and/or phone call. Patients with an appointment agree to consent to the latest version of our Telehealth Consent Form, which can be obtained by emailing ml@captainmd.com.


Limitation of Liability

We are not liable to individuals who are not active patients under the care of a healthcare provider who works for the Company.

Our total liability to a patient or patient's responsible party for any aspects related to usage of this website, content published on this website, advice provided, and/or medical care, is limited to the amount paid by the patient or patient's responsible party in the last month or $100, whichever is less. Otherwise, we are not liable for consequential damages arising from the use of our services.


Non Disparagement

By accepting these Terms of Service, you agree that you will not disparage, denigrate, or speak negatively about any aspect of the Company or its representatives in any form or medium if you are later dissatisfied with the terms you have agreed to. This includes, but is not limited to:

1. Verbal or written statements

2. Online reviews or ratings

3. Social media posts or comments

4. Blog posts or articles

5. Any other public or private communications

This agreement extends to all platforms and mediums, whether currently existing or developed in the future. You acknowledge that:

• You have voluntarily entered into this agreement

• This clause does not prevent you from providing factual feedback through appropriate channels

• Any violation of this clause may result in legal action to protect the Company's reputation, brand value, and/or revenue

You understand that this clause is intended to maintain a positive and constructive relationship between you and the Company, and to ensure that any concerns are addressed through proper channels.


Force Majeure

We are not liable for failures due to events beyond our reasonable control.


Validity of Terms

Starting with your initial access or use of our service(s) and/or product(s), you agree to be bound by these Terms and any future modifications or updates in perpetuity. We reserve the right to update or modify these terms at any time without prior notice. It is your responsibility to review these Terms for updates.

We may change, modify, and/or remove any of the following at any time without prior notice:

• Functionality, access, communications, pricing, pricing models, payments, charges, fees, subscriptions, services, products, affiliates, partners, healthcare practices, posted information, and any terms and conditions herein.

Patient Communication Agreement

As the undersigned patient, you hereby agree to the following terms regarding communication with your healthcare provider, customer support, and other relevant parties:

Patient Portal Communication

You agree to:

a) Use the Patient Portal as the primary method of communication with your Provider for non-urgent matters, including but not limited to:

• Prescription-related inquiries

• Medication issues (e.g., stock issues, changing pharmacies, administering medication)

• Medication orders, non-urgent side effects and interactions

• Updates to your medication or medical history

• Communication if disconnected during an appointment

• Other matters as requested by your Provider

b) Only use text messaging to contact your Provider for urgent medical issues when the Patient Portal is not accessible or appropriate.

Customer Support Communication

You agree to contact Customer Support at ml@captainmd.com for all non-medical matters, including:

• Financial issues (e.g., pricing, payments, charges, refunds, credits, subscriptions, medication orders, charge disputes, receipts)

• Appointment scheduling (e.g., reminders, cancellations, rescheduling, no-shows)

• Documentation requests (e.g., patient intake forms, medical records)

• Technology support (e.g., accessing Patient Portal, joining telehealth appointments)

• General inquiries about services or the Company

Emergency Situations

You understand and agree that:

a) If you have an urgent medical issue and cannot reach your Provider via text message, you will seek immediate medical attention by calling 911 or going to the nearest emergency room.

b) For emotional support, call or text the National Mental Health Hotline at 988 (free and confidential).

Prohibited Communication Methods

You agree to refrain from:

a) Calling your Provider's phone number directly for any reason.

b) Calling, leaving voicemails, or attempting to call your Provider outside of the Patient Portal, except in cases of urgent medical matters as specified above.

c) Emailing sensitive, personal, or private health information (PHI) protected by HIPAA, COPPA, and other applicable laws.

Other Communications

For all other matters not covered above, you agree to contact the Company via email at ml@captainmd.com.