Urology Health

Legal

Terms and Conditions of Use

Welcome to Urology Health!

If you are experiencing urgent or emergent issues, DIAL 9-1-1 IMMEDIATELY or seek care at your nearest medical emergency or emergency room facility. Urology Health is a telehealth application, software, and website that does not provide in-person medical care or is able to provide life saving medical care in any urgent or emergent situations for patients. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

Glossary

  • I. Terms and Conditions of Use
  • a. Terms and Conditions
  • b. Disclosures
  • c. Location
  • d. Age Restriction
  • e. Property of Urology Health
  • f. Third Party Applications and Software
  • g. Accuracy and Integrity of Urology Health
  • II. User Account Terms and Conditions of Use
  • a. User Restrictions
  • III. Services Terms and Conditions of Use
  • IV. Orders and Purchases
  • V. Supplemental Terms
  • VI. Legal, Arbitration, and Dispute Resolution

The following outlines the Terms and Conditions of Use (“T&C”) as governs access and use of Urology Health, LLC’s (“UH,” “we,” “us,” and “our”) Applications, Softwares and/or Websites. This T&C is a legally binding agreement between UH, including all affiliates and the user who is accessing or using the Applications, Software and Website as outlined herein the T&C. By clicking ‘I Agree,’ creating an account, or enrolling in services, you acknowledge that you have read and agree to these T&C. While using or viewing any Urology Health Applications, Software and Website, the user agrees to adhere to the Urology Health T&C, including all Applications, Software, and Websites that may be affiliated directly or indirectly of Urology Health. Our services (“Services”) are made available through our Application, Portal, Third-Party Integrations and/or Website. The User agrees to be legally bound and adhere to UH T&C by entering or landing on any Application, Software, or Website of UH, whether or not the user choses to review and/or approve the T&C herein. This T&C is active and effective as soon as the user accesses any UH related Applications, Softwares and/or Websites.

Disclosures

Urology Health may disclose user information to third parties as part of your medical care by and between the physicians, practitioners, or other providers who may practice medicine as part of the Urology Health Medical Group, PLLC. In addition to unaffiliated, independently owned third-party entities, whereas applications, software, and/or websites may be used or integrated as part of the infrastructure of Urology Health. We reserve the right to add, change, alter, or remove any and all third-party entities at will without notification to the user in order to ensure Urology Health remains operational and compliant with Local, State, and Federal regulations. Above all, Urology Health needs to ensure the user experience remains functional. Urology Health may collect, process, or transmit health-related information, including protected health information (PHI), in connection with providing healthcare services, coordinating care with providers, processing payments, and operating the platform. Where applicable, such information is handled in accordance with HIPAA and other applicable laws. Urology Health does not track any information on the website that is considered PHI. We do collect information automatically as you navigate through our Applications, Softwares, and Websites. The information collected may be used to help with enhancements for both technical and medical applications. Data collected is used solely by Urology Health. We do not sell your user information to any third party, but information may be shared to aid Urology Health. Our third-party agreements are active to ensure your user experience is optimal, working properly, and adhering to our mission and vision of Urology Health. Our third parties may have your information to assist with payment, medical health records, treatment, billing, etc. all directly related to Urology Health’s user experience, which may include medical care via telehealth.

Location

Urology Health and Urology Health Medical Group are designed for use within the United States of America, as licensed and in accordance with each specific Territory as available at time of service. Any use of Urology Health in any other territory, country, or providence is strictly prohibited.

Age Restrictions

Urology Health is not designed for, or intentionally targeted at, children 17 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 18. No one under the age of 18 should submit any Personal Information on Urology Health, and if we learn that we have collected or received Personal Information from a child under 18, we may delete that information. If you are the parent or guardian of a child under 18 years of age whom you believe might have provided us with their Personal Information, you may Contact Us to request the Personal Information be archived. By accessing Urology Health, you further acknowledge, you are 18 or over years of age.

Property of Urology Health

Urology Health contains both confidential, proprietary and Intellectual property derived from images, video, audio, trademarks, logos, service marks, features, contents, processes, methodologies, software, applications, processes, design, and any other section within the application, software, or websites. Urology Health is the owner of all property, as such our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”). You must not copy, download, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in our Application, Software, or Website. You may not distribute, send, or transfer any content of Urology Health to any other user, other than yourself. Your access allows you and only you access to the services, applications, softwares, and websites of Urology Health. If you violate your access rights as outlined above as part of these T&C, your right to use Urology Health will be immediately banned from the application, software, and websites. You must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Urology Health or any content on the Application, Software, or Websites is transferred to you, and all rights not expressly granted are reserved by Urology Health. Any use of Urology Health not expressly permitted by this T&C is a breach and may violate copyright, trademark and other laws. Urology Health is able to pursue any breach as outlined by our Local, State & Federal laws against the user.

Urology Health Defined

Urology Health is a combination of all affiliated and directly owned applications, softwares, and websites. Any telemedicine consultations obtained through Urology Health are provided by Providers, practitioners, or other clinicians including but not limited to ancillary services.

Urology Health Brand

Urology Health is the only entity with the exclusive right to utilize any and all Urology Health brand, colors, logos, intellectual property, content, etc. Urology Health licenses the “Urology Health” brand name to Medical Group Divisions, other affiliated medical practices, and specific third parties that use Urology Health to assist in the provision of Services. Each Urology Health branded practice is owned and operated by a licensed physician. There is no single provider of medical care called “Urology Health.” Each Urology Health branded practice engages a network of United States based clinicians who provide clinical telehealth services. The Providers deliver clinical services via Urology Health to our patients.

Intellectual Proper Rights and Content

Urology Health is the sole and exclusive owner of the Applications, Softwares, and Websites of Urology Health, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to Urology Health and any related materials and documentation. No title or ownership of Urology Health or any portion thereof is transferred to you hereunder. Urology Health reserves all rights not expressly granted hereunder.

Third-Party Software and Applications

Urology Health utilizes unaffiliated third-party software and applications to enhance the overall functionality of our applications, softwares, and websites. These third parties are not owned or operated by Urology Health. As such, we make no representations or guarantees too their functionality, access, content, control, etc. This is the sole responsibility of the third-party directly. You access third party applications and softwares at your own risk. Urology Health does not endorse or receive any financial incentives to utilize third-party services. Our current list of third party non-affiliated, non-operating third-party vendors include, but is not limited to:

  • MindSea
  • Healthie
  • ClaimMD
  • Stripe

You should review and agree to use the T&C for these third-party vendors at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third party and shall not be liable for any such third party. Additionally, Urology Health shall have no responsibility or liability for information or Content posted to Urology Health from any third party. It is possible that Urology Health could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made by third parties. Urology Health must remain independent; therefore, any issues, disputes, resolutions, or fault with a third party must only involve you and the third party. This includes, but is not limited to, any policies or procedures regarding data integrity and data sharing practices.

Prescribing Privileges Only

Urology Health does not dispense medications and is not a pharmacy. Urology Health is not affiliated with or have any common ownership with any pharmacies. Any Services available through the Urology Health that may include a medication are at the sole discretion of the unaffiliated retail or mail-order Pharmacy. Urology Health is not responsible, maintains no liability or wrongdoing by you accessing any pharmacy at any time. You agree to hold Urology Health harmless for any and all potential disputes that arise from your pharmacy. Where you fill your prescription is entirely your choice. A Provider on Urology Health may only prescribe medication where medically necessary, never at the request of the patient, and when the Provider is licensed appropriately in the User’s State to prescribe medication. Urology Health and Urology Health Medical Group do not prescribe any controlled substances or type of narcotic, at any time, for any reason. In addition, Urology Health does not prescribe for the use of medicinal medicine, at any time, for any reason.

Use of Insurance

Urology Health is not an insurance provider. The cost of membership associated with wellness services may not be covered by insurance; therefore, any wellness service associated with membership is charged to you directly. We do not accept all insurance. It is the responsibility of the user to verify your insurance coverage prior to accessing Urology Health. Urology Health offers a variety of Products and Services to allow access to holistic wellness services, education, telemedicine or in-person services through Urology Health. Urology Health charges the user at the time of service. Any inaccuracies or warrants by your insurance carrier are the sole responsibility of your insurance carrier. Urology Health is not required to make changes to payment after time of service, at any time.

Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accuracy of Urology Health, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of our Applications, Softwares, Websites and Content therein. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on Urology Health without notice. Information contained on Urology Health may be changed or updated without notice.

Payment & Pricing Terms

In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or business partners, we shall have the right to refuse or cancel any orders placed for a Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. Price changes may take effect at the start of the next applicable period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use Urology Health after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the price change going into effect. The Terms and Conditions of Use herein are made part of this Agreement, incorporate as amendments include our Refund, Credit, Cancellation, and No Show policies. For further information, please review our policies on the Website directly.

Membership Terms

Urology Health sets the terms of Membership, defined as a reoccurring charge each month for our wellness program and/or any additional services that may apply. The current membership fee varies from $65.00 to $120.00per month (the “Membership Fee”) and no promotions or discounts may be applied toward your Membership Fee. The terms of the Membership will be deemed to be accepted once payment is made to Urology Health via Stripe by You and You login to the wellness portal. Once the wellness portal is accessed, a refund cannot be provided for any reason. Users may cancel their membership with 30 days notification to Urology Health at help@urologyhealth.com, Attn: Memberships. Urology Health is an electronic application, where the product is the application. By purchasing a membership, You agree to be bound by this service and knowingly charged a monthly membership fee.

User Terms and Conditions of Use

Your Account

You agree to: (a) provide true, accurate, current, and complete information when registering to use Urology Health to establish your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

User Restrictions

You are prohibited from violating or attempting to violate the security of Urology Health, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using Urology Health in full or any part without authorization, in violation of these T&C or in violation of applicable law. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on Urology Health, deep-link to any feature or content on Urology Health, bypass our robot exclusion headers or other measures we may use to prevent or restrict access. Violations of system or network security may result in civil or criminal liability. Urology Health may investigate occurrences that may involve such violations and may involve, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere with or attempt to interfere with the proper working order or manner of Urology Health or any activity being conducted on Urology Health. Urology Health allows you a limited, non-exclusive, non-sublicensable, revocable, non-transferable access level to use the Applications, Softwares, and Websites, where you must create an account to access Services. In the event access to Urology Health or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access may be revoked by Urology Health at any time with or without cause. You agree to defend, indemnify, and hold Urology Health harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these T&C or violation of applicable law, your use or access to the Applications, Softwares & Websites, or access by anyone accessing using your user ID and password on Urology Health. You are required to immediately and confidentially notify Urology Health in writing by contacting Customer Support in the event any of the following may occur: unauthorized use or access to your user ID and password, and any other breach of security that involves Urology Health. If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to Urology Health (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Urology Health users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Urology Health that you have the legal right and authorization to provide all User Information to Urology Health for use as set forth herein and required by Urology Health.

Prohibited Use

As a condition of Urology Health, you are prohibited from any of the following: (1) Potentially Harmful Behavior – Any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to Urology Health of any kind, and any unsolicited advertising, solicitation or promotional materials; (2) Misrepresentation of your identity or affiliation in any way; (3) Gain unauthorized access to Urology Health, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to Urology Health; (4) Violate any applicable laws or regulations in any way; (5) Breach or violate Security regulations in any way; and (6) Conduct any other behavior, action, or otherwise that causes harm to Urology Health.

Consent to Receive Calls, Text Messages, Emails, and Audio and/or Video Recording

By accessing Urology Health and signing up for visits with Urology Health Medical Grop, you are agreeing to be contacted by or on behalf of Urology Health at the mobile number by phone, text message and email to receive information, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to Urology Health and Urology Health Medical Group. Message and data rates may apply. To unsubscribe to any or a single type of communication, contact Us. Please note, that by withdrawing your consent, some of the functions provided by Urology Health may no longer be available to you. Keep in mind that if you stop receiving phone, text or email messages from us you may not receive important and helpful information and reminders about your services. Urology Health or your Provider may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the products and services, and to help us improve the Urology Health. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Urology Health, you agree and consent to such Recordings for the purposes and uses set forth in these Terms and Conditions of Use and as otherwise set forth in the Privacy Policy. You agree not to create your own Recordings of your interactions with your Provider without the express consent of the Provider.

CAN-SPAM Act and Telephone Consumer Protection Act Compliance

Urology Health and Urology Health Medical Group are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive communications from us as set forth in the above section, Consent to Receive Calls, Text Messages, and Audio and/or Video Recording. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please Contact Us.

Electronic Communications

When you use Urology Health or Urology Health Medical Group, by sending e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Urology Health, third-party, or your Provider may contact you by telephone, mail, or e-mail to verify your information. Urology Health, Third-Party, or your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used Urology Health. Your account may be placed on hold until resolution is obtained. If you do not provide this information in the manner requested within 7 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of Urology Health until you provide the information to us as requested.

User Participation in Urology Health Research

Any de-identified self-reported user-event data may be utilized internally for possible research qualification or exploratory statistical use as part of the digital private registry or observational study of special interest (ePRSI). At this time, Urology Health is capable of the aforementioned Urology Health -events and self-reported survey only. Any subsequent observational or outcomes digital study program to be offered to the user, including any exploratory research on such data can only be permitted with the free and self-elected informed consent of the qualified user participant and in accordance with all applicable laws and regulations of such approved study protocol requirements.

Privacy Practices

You agree that information provided by you in connection with Urology Health, Urology Health Medical Group, and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of this T&C. You also agree that information provided by you in connection with the Services shall also be governed by the applicable Provider Notice of Privacy Practices and is hereby incorporated and made part of these Terms of Use.

Acknowledgement of Telehealth Services

By using the Services, you acknowledge the potential risks associated with Telehealth and/or Medical services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; communication disruptions due to poor Internet connection; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of privacy of your health information.

Prescription Policy

Certain products available through Urology Health require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription unless you have completed a consultation with one of the Providers at Urology Health Medical Group through Urology Health portal, whereas, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription. If a Provider determines a prescription product is appropriate for you and prescribes a medication, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services. You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to read fully and carefully all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice. You agree to ensure your prescription is stored in a safe and secure location away from and out of reach of children.

Availability of Services

Urology Health operates subject to state and federal regulations, and Urology Health Medical Group may not be available in your state. You represent that you are not a person barred from enrolling for or receiving Urology Health under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of Urology Health is limited exclusively to users located in states within the United States where Urology Health is available. Services are not available to users located outside the United States. Accessing Urology Health from jurisdictions where content is illegal, or where we do not offer Urology Health, is prohibited.

Orders and Purchases

Online Payment Processing

You can purchase products or pay for Services through a third-party vendor with an API integration setup through Urology Health. If you elect to purchase a Service from Urology Health Medical, then the total price you pay may include the cost of provider’s time, Urology Health service, equipment, plus any applicable administrative or operational expenses from Urology Health. A third-party vendor may collect the amounts charged by Urology Health and passes those amounts through to Urology Health for the payment for their actual charges. You acknowledge and understand pricing information is available to you prior to purchase. You, the user, knowingly purchase Products and Service that will be charged to your credit or debit card, prior to Products and Services rendered. We may reasonably make available to you an itemized invoice listing the actual charges by Urology Health Medical for the Services at your request.

Wellness Program

As the user, any charges for memberships are non-refundable once purchased. Urology Health cannot verify or warrant you have not used any or all parts of Urology Health Medical Group. Urology Health will terminate memberships with 30 days prior written notice to help@urologyhealth.com attn: Memberships. All memberships are effective for an initial term of 90 days, for which, user cannot cancel within this timeframe. Urology Health Medical Group will not make any attempt to bill your insurance for any costs associated with membership or non-covered services.

Covered Services

Medical services covered by insurance are separate and apart from Urology Health Medical Group. These services may be billed to insurance companies where Urology Health Medical participates, as selected specifically by the user as part of the onboarding workflow within Urology Health. Urology Health cannot and will not backdate services. It is the sole responsibility of the user to understand their insurance coverage at the time of service. Urology Health will attempt to obtain prior authorization and pre-payment information from insurance companies where Urology Health participates, as applicable. Urology Health makes no warrants or guarantees on your insurance coverage. Urology Health may bill you for any and all copays, deductibles, and coinsurance prior to your telehealth visit with the provider. Any ancillary services associated with your visit may be billed by the aforementioned ancillary provider, lab, or pharmacy.

Payment Processing

Neither Urology Health or Urology Health Medical Group collect or store your payment processing information, such as your credit card information. Your payment processing information is collected by a third-party payment processor through an API integration with Urology Health. By using Urology Health, you are also consenting to the terms and conditions of such third-party application, and you waive and release any and all claims you may have against Urology Health arising out of your use of such third-party applications.

Credit Card Usage

We accept credit, debit, and HSA/FSA cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. As a condition of our third-party processing vendor, we do not accept discount or gift cards, prepaid cards, virtual cards, cash, bank check, certified check, wire transfer, cryptocurrencies, or payment apps. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. For any payment concerns or disputes, promptly contact us. If you dispute any transaction through your credit card, debit card, and bank account that may be erroneously filed, is a result of your negligence, misunderstanding, or direct wrongdoing, Urology Health may charge you for any costs associated with dispute. Until payment is made to Urology Health, your use of Urology Health may be limited, at the sole discretion of Urology Health. If we are unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law. Urology Health may limit access to Urology Health as a result of any outstanding, open, or other balances that exist or are incurred by accessing Urology Health. You acknowledge and agree that you will not dispute the charges from Urology Health, Provider, or any third-party payment processor with the payment method company, provided the transactions. All sales are Final and Non-Refundable.

Order Acceptance

By clicking “process” or accepting Stripe’s policies, you agree to be bound by all payment processing standards, regulations, and accept charges to your credit or debit card. Purchase means any user interface that denotes payment is required to proceed with Products or Services, including consultation with Provider or Third Party. Payment is required prior to your receiving Products or Services. Some situations that may result in your order being canceled or delayed that may include limitations on quantities available at time of purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order, this includes additional verifications by third-party payment processing vendor. We may contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we may issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Provider reserves the right to dismiss you at any time for fraudulently, unbecoming, potentially harmful, unlawful, or illegal activities, and/or as deemed necessary. Urology Health does not tolerate the use of any foul language, derogatory or sexual behavior, or actions during any service with any Provider at any time. Use of any foul language, derogatory or sexual behavior, or actions will terminate your access to Urology Health immediately. Urology Health will report applicable actions to Local, State & Federal agencies as necessary.

Return Policy

Urology Health does not allow any Returns for any Products or Services made available on Urology Health.

Refund and Credit Policy

Urology Health does not provide refunds of any kind for services provided under the wellness or medical programs for Urology Health. Membership may be cancelled after 90 days with 30 days prior written notice to Urology Health via contact form. Urology Health does not apply credits or discounts for medical services, which would be a violation of our participating insurance contracts.

Cancellation and No-Show Policy

Urology Health may charge $50 for any Products or Services cancelled within 3 hours of the Product and Service. This charge covers the administrative and overhead cost to cancel the Product or Service that may have already been pulled from inventory, shipped, or service provided. You agree as a condition of this Terms of Use Agreement to be bound by these provisions herein.

Supplemental Terms

Definition of Provider

To be a healthcare provider using the Urology Health portal (for purposes of this Section, “Provider”), Provider must be a licensed physician, nurse practitioner, physician’s assistant or healthcare professional contracted or employed by Urology Health Medical Group, and must agree and remain in compliance with all laws, licensing, accreditation, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise Urology Health Medical Group is not meant to substitute or modify Provider’s professional judgment in any way. The majority of services offered by Urology Health are holistic services and educational materials. For users, who use medical services via Urology Health Medical Group, you, the user, agrees to be bound by the privacy and confidentiality policies of the Provider. Services provided by Urology Health Medical Group are not meant to overrule, go against, or provide alternative treatment to your primary care or specialists, where you are currently or may in the future receive services. Urology Health Medical Group offers wellness and medical services that are a supplement or additional option to your existing or future care team.

No Third-Party Rights

Unless expressly stated in this T&C, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person to Urology Health, Urology Health Medical Group, Provider, and their affiliates. Nothing in the Terms and Conditions of Use is intended to relieve or discharge the obligation or liability of any third person to Urology Health, Provider, and its affiliates, nor shall any provision give any third parties any right of subrogation or action against Urology Health, Provider, and its affiliates. Urology Health is only provided for your benefit and may not be relied on by any third party.

Legal, Arbitration, and Dispute Resolution

Dispute Resolution

We will try to work in good faith to resolve any issue you have with Urology Health, including Products and Services ordered or purchased through Urology Health, if you bring that issue to the attention of our customer service department. However, we realize that there may be cases where we may not be able to resolve an issue to a customer’s satisfaction. You and Urology Health agree that any dispute, claim, or controversy arising out of or relating in any way to these T&C or your use of Urology Health, including Products and Services ordered or purchased through the Urology Health, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators may award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Urology Health are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Urology Health. If you desire to assert a claim against Urology Health, and you therefore elect to seek arbitration, you must first send to Urology Health, by certified mail, a written notice of your claim (“Notice“). The Notice to Urology Health should be addressed to: Urology Health, LLC, Attn: LEGAL NOTICE, help@urologyhealth.com (“Notice Address“). If Urology Health desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Urology Health, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). If Urology Health and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Urology Health may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Urology Health or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Urology Health receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Urology Health and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Urology Health’s last written settlement offer made before an arbitrator was selected (or if Urology Health did not make a settlement offer before an arbitrator was selected), then Urology Health will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. You and Urology Health agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Urology Health agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Miami, Florida. BOTH UROLOGY HEALTH, UROLOGY HEALTH MEDICAL GROUP, AND YOU WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL IN THE EVENT THIS AGREEMENT TO ARBITRATE IS FOUND TO BE UNENFORCEABLE.

Binding Arbitration

These Terms and Conditions of Use provide that all disputes between you and Urology Health that in any way relate to these Terms and Conditions of Use, Urology Health, and/or the Services will be resolved by binding arbitration. Accordingly, you acknowledge you give up the right to go to court (including in a class action proceeding) to assert or defend your rights under these Terms and Conditions of Use. Your rights will be determined by a neutral arbitrator and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Urology Health.

Indemnification

You agree to defend, indemnify, and hold Urology Health and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Urology Health, Products, Services, or any information posted on the Urology Health; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Urology Health, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Urology Health, Products, Services, or any information on the Urology Health, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

Disclaimer of Warranties

UROLOGY HEALTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE UROLOGY HEALTH WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE UROLOGY HEALTH WILL BE CORRECTED. THE UROLOGY HEALTH, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE UROLOGY HEALTH, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. UROLOGY HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE UROLOGY HEALTH. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE UROLOGY HEALTH, UROLOGY HEALTH-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. UROLOGY HEALTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY UROLOGY HEALTH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

Limitation of Liability Regarding Use of Urology Health and Services

UROLOGY HEALTH AND ANY THIRD PARTIES MENTIONED ON THIS UROLOGY HEALTH ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE UROLOGY HEALTH, UROLOGY HEALTH -RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE UROLOGY HEALTH, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE UROLOGY HEALTH, UROLOGY HEALTH -RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE UROLOGY HEALTH AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF UROLOGY HEALTH TO YOU WITH RESPECT TO YOUR USE OF THE UROLOGY HEALTH AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).

Force Majeure

We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms and Conditions of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms and Conditions of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) other events beyond the reasonable control of Urology Health. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Urology Health shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

Revisions; General

Urology Health reserves the right, in its sole discretion, to terminate your access to all or part of the Urology Health, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Urology Health and you pertaining to the subject matter hereof. In its sole discretion, Urology Health may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Urology Health after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Urology Health.

Modifications at Will

Urology Health may in its sole discretion, without prior notice, revise these T&C at any time and for any reason. You agree to the terms of the amended Terms and Conditions, by continuing to access the Urology Health Applications, Softwares, and/or Websites. It is the responsibility of the User to review the T&C from time to time. By accessing or using the Appplications, Softwares, or Websites associated with Urology Health after such changes are posted you agree and consent to all such changes.

FORMAL ACKNOWLEDGEMENT

By clicking “Accept,” and/or “Accessing” our Urology Health you acknowledge you have read the Terms and Conditions of Use in its entirety, understand, and fully accept all Terms and Conditions contained herein these Terms and Conditions of Use, our Privacy Policy, and the Notice of Privacy Practices provided to you by Urology Health. If you do not agree to be bound by these Terms and Conditions of Use and our Privacy Policy, you should promptly exit our Urology Health and/or the Services.

Contact Us

If you have additional questions or concerns regarding the Terms and Conditions of Use herein, contact us at the below: Urology Health, Inc. help@urologyhealth.com