TERMS OF SERVICE

Terms and Conditions of Use

Michael Chan, MD, MS, RST, Inc. ("Company," "we," "us," "our") provides its services to you ("you") through its website and mobile applications (collectively, the "Platform"), subject to the following Terms and Conditions of Use (the "Terms").

Michael Chan, MD, MS, RST, Inc. ("Company," "we," "us," "our") provides its services to you ("you") through its website and mobile applications (collectively, the "Platform"), subject to the following Terms and Conditions of Use (the "Terms").

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.

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 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 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 or the Company.

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 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 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 or the Company.

Platform Description

Our Platform facilitates the marketing and sale of healthcare services by providers to patients. Users may be classified as "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.

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 or Services. We do not serve patients who are under 18 years old.

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.

Accuracy of Patient Information

By using our Platform and Services, you agree to represent medical and personal information you provide accurately.

Third-Party Content

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

Prescription Policy

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

We are not able to provide a cost estimate for prescription medications.

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

We are not able to provide a cost estimate for prescription medications.

Not an Insurance Product

We are not an insurance provider. 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.

Payments

Appointment Booking

By requesting, booking, confirming an appointment, and/or having an appointment confirmed, you agree to:
- Pay in full for your appointment before your appointment begins
- Have a Credit Card Authorization form with a valid credit card or form of payment on file with us
- Be charged in full for your appointment or appointment subscription up to four weeks before your appointment or appointment subscription begins
- Not be refunded or reimbursed for any portion of the payment for your appointment or any associated pharmacy partner orders for any reason.

Pharmacy Partner Orders

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

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 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
- 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 or replace them. 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 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 must 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.

Order Acceptance

By submitting your payment, you agree to all payment processing standards and charges.

Payment Disputes

If you do not agree with a payment charge, you must send a charge dispute (payment dispute) to us within 24 hours of the initial charge, invoice, or request for payment. Any charge disputes made 24 hours or more after a charge was made, invoice was sent, or payment was requested will not be valid. If a patient or patient's responsible party has successfully made a charge dispute, we reserve the right to subtract all processing fees associated with the charge(s) from the amount refunded.

Payment disputes for appointments that were already scheduled and/or confirmed for a patient, and/or for orders that we have already submitted to pharmacy partners are not valid, and we will not refund any portion of disputed payments.

In the event a charge dispute has been made but was unsuccessful, the patient or patient's responsible party will owe the full amount of any fees for the charge dispute including any associated processing fees, due immediately (within 24 hours) and to be paid to Dr. Michael Chan MD, MS, RST, Inc.

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

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

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

If a patient or patient's responsible party is to receive a refund or other monetary payment from our practice, they agree to allow for a minimum of 60 days to have the funds processed and sent to the recipient, excluding any time required by financial institutions, payment processors, and/or intermediary parties to process, display, and/or make available the refund or payment to the recipient.

Appointment Booking

By requesting, booking, confirming an appointment, and/or having an appointment confirmed, you agree to:
- Pay in full for your appointment before your appointment begins
- Have a Credit Card Authorization form with a valid credit card or form of payment on file with us
- Be charged in full for your appointment or appointment subscription up to four weeks before your appointment or appointment subscription begins
- Not be refunded or reimbursed for any portion of the payment for your appointment or any associated pharmacy partner orders for any reason.

Pharmacy Partner Orders

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

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 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
- 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 or replace them. 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 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 must 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.

Order Acceptance

By submitting your payment, you agree to all payment processing standards and charges.

Payment Disputes

If you do not agree with a payment charge, you must send a charge dispute (payment dispute) to us within 24 hours of the initial charge, invoice, or request for payment. Any charge disputes made 24 hours or more after a charge was made, invoice was sent, or payment was requested will not be valid. If a patient or patient's responsible party has successfully made a charge dispute, we reserve the right to subtract all processing fees associated with the charge(s) from the amount refunded.

Payment disputes for appointments that were already scheduled and/or confirmed for a patient, and/or for orders that we have already submitted to pharmacy partners are not valid, and we will not refund any portion of disputed payments.

In the event a charge dispute has been made but was unsuccessful, the patient or patient's responsible party will owe the full amount of any fees for the charge dispute including any associated processing fees, due immediately (within 24 hours) and to be paid to Dr. Michael Chan MD, MS, RST, Inc.

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

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

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

If a patient or patient's responsible party is to receive a refund or other monetary payment from our practice, they agree to allow for a minimum of 60 days to have the funds processed and sent to the recipient, excluding any time required by financial institutions, payment processors, and/or intermediary parties to process, display, and/or make available the refund or payment to the recipient.

Pricing

Appointment Pricing

Prices for appointments are agreed upon between us and the Patient or Patient's Responsible Party before an appointment begins, and/or are noted at the time of appointment booking. Appointment prices will not be adjusted after an appointment price is agreed upon, or after an appointment has been completed, unless determined in writing by us.

Appointment Type Selection

When booking an appointment, you are required to 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 clicking "purchase," you agree to all payment processing standards, fees, and charges.

Appointment Pricing

Prices for appointments are agreed upon between us and the Patient or Patient's Responsible Party before an appointment begins, and/or are noted at the time of appointment booking. Appointment prices will not be adjusted after an appointment price is agreed upon, or after an appointment has been completed, unless determined in writing by us.

Appointment Type Selection

When booking an appointment, you are required to 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 clicking "purchase," you agree to all payment processing standards, fees, and charges.

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.

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

We do not provide refunds for cancellations, no-shows, missed appointments, failure to reschedule an appointment at least 48 hours before the appointment, or in the event that you reschedule the same appointment more than 3 times.

Cancellations: If a patient or patient's responsible party cancels an appointment or subscription, we do not provide refunds for any associated appointment, subscription, service, or order.

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.

Overbilling and accidental charges: If we have overbilled you or made an accidental charge, you must provide proof of the amount you were not supposed to be charged within 48 hours of the charge. We will refund the amount we overbilled you, or accidentally charged you.

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 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 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

When requested by patients, we make an effort to obtain prior authorizations from patients' healthcare insurance companies in order to lower the cost of certain medications. 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.

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

We do not provide refunds for cancellations, no-shows, missed appointments, failure to reschedule an appointment at least 48 hours before the appointment, or in the event that you reschedule the same appointment more than 3 times.

Cancellations: If a patient or patient's responsible party cancels an appointment or subscription, we do not provide refunds for any associated appointment, subscription, service, or order.

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.

Overbilling and accidental charges: If we have overbilled you or made an accidental charge, you must provide proof of the amount you were not supposed to be charged within 48 hours of the charge. We will refund the amount we overbilled you, or accidentally charged you.

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 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 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

When requested by patients, we make an effort to obtain prior authorizations from patients' healthcare insurance companies in order to lower the cost of certain medications. 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.

Appointments

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.

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 cannot be rescheduled.

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.

Patient Information

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

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.

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.

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 cannot be rescheduled.

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.

Patient Information

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

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.

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, 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.

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, 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.

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.

Patient Classifications

"Established patient" refers to a patient that has completed one or more doctor appointments with CaptainMD, and has completed and submitted all 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.

"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.

"Established patient" refers to a patient that has completed one or more doctor appointments with CaptainMD, and has completed and submitted all 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.

"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.

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.

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.

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.

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.

Patient Portal

We use a Patient Portal that is powered by Tebra 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.

We use a Patient Portal that is powered by Tebra 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.

Commercial Use

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

Prescription Services

We may facilitate prescription delivery through partner pharmacies. Prescriptions are made at the healthcare provider's discretion.

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.

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 our practice, 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.

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.

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 our practice, 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

You agree to indemnify and hold the Company harmless from claims arising from your use of the Service.

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.

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.

Limitation of Liability

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.

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.

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

TERMS OF SERVICE

TERMS OF SERVICE

Terms and Conditions of Use

Terms and Conditions of Use