These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled GeniusRx. including the https://www.geniusrx.com website and subdomains (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site and our pharmacy (the “Pharmacy”). GeniusRx (“GeniusRx”, “we,” “us,” and “our”) and our subsidiaries and affiliates, may contract with third parties to enable online telehealth medical consultations and secure messaging between physicians (individually “Provider” and collectively “Providers”) and their patients. (See Section 19 for supplemental terms applicable to Providers.) The professional medical services (which are provided by third party Providers) and the non-clinical Site services (which are provided by GeniusRx) are collectively referred to in this Terms of Use as the “Services”. The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your GeniusRx Account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use, HIPAA Authorization, and Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

GeniusRx may amend any part of these Terms of Use at our sole discretion by posting the revised Terms of Use on the GeniusRx website. You should periodically check these Terms of Use for changes. Your continued use of the GeniusRx Services following the posting of any change to these Terms of Use constitutes your acceptance to the terms.

Binding Arbitration. These Terms of Use provide that all disputes between you and GeniusRx that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms 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 the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with GeniusRx.

1. Privacy Practices
You agree that information provided by you in connection with the Services and Site shall be governed by the GeniusRx Privacy Policy, which is hereby incorporated and made a part of these Terms of Use. You agree that information provided by you in connection with the Services shall also be governed by the Notice of Privacy Practices of GRX Medical Group, P.A. with whom you are connected and is hereby incorporated and made a part of these Terms of Use.

2. Services Provided
We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.

GeniusRx does not provide medical advice or care. GeniusRx contracts with Providers who provide clinical telehealth services via the GeniusRx platform to their patients. Providers are independently contracted or employed by parties other than GeniusRx,and are not contracted or employed by GeniusRx. The Providers, and not GeniusRx, are responsible for the quality and appropriateness of the care they render to you.

The Providers are independent of GeniusRx and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from GeniusRx. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither GeniusRx, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. GeniusRx does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

GeniusRx does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for your choice to work with your assigned Provider.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by GeniusRx. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by GeniusRx, or in connection with any communications supported by GeniusRx, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While GeniusRx facilitates your connection to, and communications with, Providers, GeniusRx does not provide medical services, and the doctor-patient relationship is between you and the Provider assigned to you.

2. Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “9-1-1” IMMEDIATELY. GeniusRx’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. 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 or modification. Risks of Telehealth Services

2.2 Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services outlined in the GRX Medical Group, P.A. Telehealth Consent. 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; 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.

2.3 Prescription Policy

Neither GeniusRx nor Providers endorse any specific medication or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. GeniusRx has its own Pharmacy but Providers fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct GeniusRx to transmit that prescription to the pharmacy of your choice.

The Services provides you access to our Pharmacy which dispenses drugs at prices described in the Drug Pricing section, below. GeniusRx reserves the right to leverage third party fulfillment partners (ie: McKesson Central Fill, etc.) to fulfill orders in the most efficient and affordable manner as possible.

2.4 Not an Insurance Product

Neither GeniusRx nor Providers are insurers. The Services are not insurance products, and the amounts you pay to GeniusRx or Provider are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately. The Service is not a discount medical plan (“DMPO”) or Medicare/Medicaid prescription drug plan. You shall be solely responsible for any and all applicable charges and taxes related to purchases made by you through the Services.

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

4. Ordering and Purchasing or Products
4.1 Order Acceptance and Shipment

Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to have it completed. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. If, for some reason, we determined that we cannot ship your Product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items offered on our Site.

Typographical Errors and Incorrect Pricing. In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Product(s) and/or Service(s) 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 will promptly issue a credit to your credit or debit card account in the amount of the charge.

4.2 Payment Information

If you wish to purchase any Product or Service made available through the Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Refunds, if available, are solely the responsibility of GeniusRx and are at GeniusRx’s sole discretion. You represent and warrant that you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any purchase. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

4.3 Risk of Loss

All Products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.

Return Policy You may return Products in accordance with our Returns Policy by contacting [email protected].

4.4 Merchant Accounts

You acknowledge that payment for services includes payment for medical services performed by GRX Medical Group, an independent physician owned medical group which is not owned by GeniusRx. Solely for the convenience of our members, GeniusRx will collect all fees, in its capacity as a payment agent on behalf of GRX Medical Group and shall pay GRX Medical Group the fair market value for clinical services rendered.

5. Eligibility; Site Access, Security and Restrictions; Passwords
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your GeniusRx Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your GeniusRx ID and credentials. The GeniusRx ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your GeniusRx ID and/or credentials, and for all activities that occur under such GeniusRx ID and/or credentials. You agree to prohibit anyone else from using your GeniusRx ID and/or credentials and agree to immediately notify GeniusRx of any actual or suspected unauthorized use of your GeniusRx ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by GeniusRx at any time with or without cause. You are prohibited from violating or attempting to violate the security of the Site, including, 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 the Site or any portion thereof without authorization, in violation of these Terms of Use 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 the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. GeniusRx will investigate occurrences that may involve such violations 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 or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

6. Electronic Communications
When you use the Site or Services, or send e-mails, 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. GeniusRx and Providers may contact you by telephone, mail, or email to verify your account information. GeniusRx and Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

I agree to receive invitations, notifications, reminders and other communications from my health care provider and GeniusRx (and any of its affiliates or agents) through GeniusRx’s applications or by email, text message (including any short message service), fax, phone or other method of communication. I agree and authorize my health care provider and GeniusRx to make such communications through use of an automatic telephone dialing system and/or an artificial or prerecorded voice message system (“Automated Messages”) at any of the contact information provided to GeniusRx or to my health care provider or to other service providers who are working with GeniusRx. I will immediately notify my health care provider or GeniusRx if there are any changes to my mobile phone number or other contact information.

I understand that the Automated Messages may include (without limitation) an invitation to download and use the GeniusRx application. I understand that I may receive multiple messages per day, and that I am responsible for any message and data rates charged by my mobile carrier. These communications may not be secure (not encrypted). Unsecured communications pose a risk to the confidentiality and privacy of the information being sent because they might be intercepted by a third party. I also understand that my consent to receive Automated Messages is optional and is not a condition to getting treatment or to my ability to use the GeniusRx applications. I can opt out of receiving Automated Messages at any time, including by contacting GeniusRx at 800-964-9654

7. Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of GeniusRx and Providers at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, refill reminders, checkup reminders, etc.) and marketing communications relating to the Site and Services. Message and data rates may apply.

8. Ownership Of The Site And Related Materials; Additional Restrictions
All pages within this Site and any material made available for download are the property of GeniusRx, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. All rights not expressly granted to you in these Terms of Use are reserved and retained by GeniusRx or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GeniusRx. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GeniusRx without express written consent. You may not use any meta tags or any other “hidden text” utilizing GeniusRx’s name or trademarks without the express written consent of GeniusRx. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by GeniusRx. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of GeniusRx without our express written consent.

9. No Users Under 18 Years Old
The Site and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please email us at [email protected].

10. Accuracy of Information; Functionality
Although GeniusRx attempts to ensure the integrity and accuracy of the Site and Product descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Product descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform GeniusRx so that it can be corrected. If a Product described on our Site is not as described when you receive it, or the packaging on the Site does not match the product to receive, your sole remedy is to return it to us in unused and undamaged condition. Information contained on the Site may be changed or updated without notice. Additionally, GeniusRx shall have no responsibility or liability for information or content posted to the Site from any non-GeniusRx affiliated third party. GeniusRx and Providers each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

11. Links to Other Sites
GeniusRx makes no representations whatsoever about any other website that you may access through this Site. When you access a non-GeniusRx site, please understand that it is independent from GeniusRx, and that GeniusRx has no control over the content on that website. In addition, a link to a non-GeniusRx website does not mean that GeniusRx endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

12. User Information
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 us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to GeniusRx and Providers that you have the legal right and authorization to provide all User Information to GeniusRx and Providers for use as set forth herein and required by GeniusRx and Provider. You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to GeniusRx. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect PHI about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

You agree to defend, indemnify and hold harmless GeniusRx, and the Providers from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.

13. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.GeniusRx respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to GeniusRx’s Designated Copyright Agent, identified below Notices of Alleged Infringement for Content Made Available on the Site If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us notice (“Notice”) complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to [email protected].
14. Intellectual Property
With the exception of your electronic medical record, GeniusRx and Providers, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by GeniusRx or Providers (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of GeniusRx or Providers, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of GeniusRx or Providers trademarks, service marks, and logos are strictly prohibited without the prior written permission of GeniusRx or Providers, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by GeniusRx, Providers or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow. GeniusRx may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

15. Disclaimer of Warranties
GENIUSRX DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, 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. GeniusRx DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. GeniusRx 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 GeniusRx ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY GeniusRx OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES

16. Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: GENIUSRX SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF PROVIDERS. GENIUSRX AND ANY THIRD PARTIES MENTIONED ON THIS SITE 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 SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, 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 SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF GENIUSRX TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $5000 (FIVE THOUSAND DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

17. No Third Party Rights
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, GeniusRx, GeniusRx’s affiliates, and Providers. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, GeniusRx, GeniusRx’s affiliates, and Providers, nor shall any provision give any third parties any right of subrogation or action over against you, GeniusRx, GeniusRx’s affiliates, and Providers.

18. Assignment
You may not assign, transfer, or delegate the Terms of Use or any part thereof without GeniusRx’s prior written consent. GeniusRx may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

19. Supplemental Terms Applicable to Providers
These supplemental terms apply to Providers in addition the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a healthcare provider using the Site (“Provider” or, for the purposes of this Section 19, “you”) you must be a licensed physician, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the GeniusRx users (including your patients) is directly between you and the patient. The patient will never have a physician-patient relationship with GeniusRx. GeniusRx does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and GeniusRx shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

GeniusRx does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and GeniusRx agree that GeniusRx is not providing, to Provider, a user of the Site or Services, or anyone else, medical advice or legal advice.

Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases GeniusRx and waives any and all potential claims against GeniusRx as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold GeniusRx harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against GeniusRx, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain GeniusRx’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of GeniusRx or defect in the Site or Services. GeniusRx will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to GeniusRx that you have the legal right and authorization to upload all Provider Content at the Site. GeniusRx shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however GeniusRx desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. GeniusRx is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.

GeniusRx does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant GeniusRx the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. GeniusRx and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

20. Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and GeniusRx agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, 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 can 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 GeniusRx 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 GeniusRx.

If you desire to assert a claim against GeniusRx, and you therefore elect to seek arbitration, you must first send to GeniusRx, by certified mail, a written notice of your claim (“Notice”). The Notice to GeniusRx should be addressed to: 622 Banyan Trail, Suite 614, Boca Raton, Florida 33431 (“Notice Address”). If GeniusRx 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 GeniusRx, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If GeniusRx and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or GeniusRx may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by GeniusRx 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 GeniusRx 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 s arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless GeniusRx 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 GeniusRx’s last written settlement offer made before an arbitrator was selected (or if GeniusRx did not make a settlement offer before an arbitrator was selected), then GeniusRx 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 AGREE THAT YOU MAY BRING CLAIMS AGAINST GENIUSRX ONLY IN YOUR CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GeniusRx 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 Delaware.

21. Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

22. Indemnification
You agree to defend, indemnify, and hold harmless GeniusRx, Providers, and any affiliates 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 Site, Products or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to GeniusRx, or any Provider, or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products or Services or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

23. Revisions; General
GeniusRx reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. GeniusRx reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. 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 GeniusRx and you pertaining to the subject matter hereof. In its sole discretion, GeniusRx 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. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Copyright/Trademark Information. Copyright ©2020 GeniusRx, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

24. Reporting a Complaint, Quality Issues or Adverse Reactions to Drugs
If for any reason you are unsatisfied with our Services or if you wish to file a complaint, please contact us at [email protected] or 800-964-9654. All complaints will be addressed as quickly as possible. If your complaint is not resolved to your full satisfaction within five (5) working days, you may initiate a formal grievance in writing, and it will be escalated to a supervisor. You can expect a written response within fourteen (14) working days of receipt.

At GeniusRx, we strive to deliver the highest quality of care at all times. If you notice any quality related issues regarding any order you have received, please contact us immediately. We may be able to send you a replacement at no charge. Every report is taken seriously by our Quality Assurance (QA) Department and Senior Leadership Team.

An adverse drug reaction is defined as any unpredictable, unintended, undesirable, or unexpected response to a medication. Examples include: headaches, tremors, dizziness, muscle spasms, confusion, nausea, vomiting, diarrhea, skin rash, flushing, irregular heartbeat or shortness of breath. For any quality-related events or any moderate to severe drug reactions, please contact us by telephone and ask for a pharmacist. Our pharmacists will conduct an assessment, and create the best action plan to resolve any issues, including contacting your prescriber for potential dose changes. If drug reactions become worse or you are experiencing a medical emergency, please call 9-1-1 immediately

25. GeniusClinic Medical Group Informed Consent
Please indicate your consent and understanding before starting your Genius Clinic visit with a GeniusRx health care provider.

Telehealth involves the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Telehealth services also include remote monitoring, tele-pharmacy, prescription refills, appointment scheduling, regional health information sharing, and non-clinical services, such as education programs, administration, and public health. Medical Group providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include any combination of the following: (1) patient medical records; (2) medical images; (3) live two-way audio and video; (4) interactive audio; and (5) output data from medical devices and sound and video files.

Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

Primary responsibility for your medical care should remain with your local primary care doctor, if you have one, as does your medical record.

Expected Benefits:

Improved access to medical care by enabling you to remain in your local healthcare site (i.e. home) while the provider consults and obtains test results at distant/other sites.
More efficient medical evaluation and management.
Obtaining expertise of a specialist.
Possible Risks:

Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment and technologies.
In rare events, the provider may determine that the transmitted information is of inadequate quality, thus necessitating a rescheduled telehealth consult or a face-to-face meeting with your local primary care doctor.
In very rare events, security protocols could fail, causing a breach of privacy of personal medical information.
In rare events, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
You and your provider won’t be in the same room, so it may feel different than an office visit.
Your provider may make a mistake because they cannot examine you as closely as at an office visit. (We don’t know if mistakes are more common with telehealth visits.)
Your provider may decide you still need an office visit.
Confidentiality. I understand that the laws that protect privacy and the confidentiality of medical information also apply to Telemedicine Services, and that no information obtained in my use of Telemedicine Services that identifies me will be disclosed to third parties without my consent. I understand that the Telemedicine Services will utilize electronic systems that will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

I ACKNOWLEDGE THAT Genius Clinic VISITS ARE NOT DESIGNED OR INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

By checking the box associated with “Informed Consent”, you acknowledge that you understand and agree with the following:

I hereby consent to receiving Medical Group’s services via telehealth technologies. I understand that Medical Group and its consulting providers offer telehealth services, but that these services do not replace the relationship between me and my primary care doctor. I also understand it is up to the Medical Group provider to determine whether or not my needs are appropriate for a telehealth encounter.
I acknowledge that I will answer questions truthfully and that if I do not understand a question I will stop using Genius Clinic.
I acknowledge that I am a resident of AND located in the State I have identified at the time I start my Genius Clinic visit.
I understand and acknowledge that my Genius Clinic will establish a clinician patient relationship and that my visit information will result in the creation of a medical record of GeniusRx.
I authorize that photographs, videotapings, digital images, audiotapings, filmings, recordings and other visual and audio means may be taken of me during Telemedicine Services for: treatment, identification, and diagnosis purposes
I acknowledge that I have agreed to the Terms of Service and I understand the Privacy Policy.
I will have a chance to discuss and / or refuse the care recommended by my Genius Clinic provider. Genius Clinic providers cannot promise specific results. To provide this care, my Genius Clinic provider will rely on information I provide about my health, including genetic information such as family health history.
I understand that Genius Clinic uses electronic health records, which allow providers using this record to store, update and use my health information when needed at the time I am seeking care. The electronic health record allows better access to my health information.
I acknowledge that any provider who uses the electronic record may access and use my health records as needed to provide treatment (including coordinating my care).
I understand that the use of Telemedicine Services is not an exact science and I acknowledge that no warranty or guarantee has been made to me about the use of Telemedicine Services.
For more information on how your medical information may be used and disclosed and how you can get access to this information, please see the GeniusRx NOTICE OF PRIVACY PRACTICES.

My consent for treatment will remain valid until I revoke (withdraw) it in writing or until the law states it has expired. Any records created prior to this withdrawal of consent will be maintained by GeniusRx Virtual Care for a period defined by GeniusRx and/or Zipnosis.

I may get help with this process by contacting GeniusRx at 800) 964-9654 Monday-Friday 8am-8pm and Sat 9am-5pm
NOTE: You may access your medical record through Genius Clinic at any time.

By signing this form, I consent to and authorize the Genius Clinic provider to assess and recommend treatment if necessary.

GeniusClinic Terms of Service (Telehealth Services Provided by Zipnosis)
Zipnosis, Inc. (“Zipnosis”) operates the web site located at https://geniusrx.training.zipnosis.com (the “Site”) to facilitate healthcare consumers’ access to electronic medical consultations with health care providers, and to provide other information about Zipnosis and its services (the “Service”). Zipnosis provides a communication link between You and the health care provider. Zipnosis does not provide any healthcare services itself. “You” and “Your” means the healthcare consumer who has accessed the Site in order to use the Services.

BY ACCESSING AND USING THE SITE, OR ANY PORTION OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE FOR ANY PURPOSE.

Medical Advice
THE SERVICE CANNOT AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTH CARE PROFESSIONAL(S). The Service is intended to be a value-added digital medical service tool, easily accessible for a defined set of common medical conditions. If at any time, You are concerned about Your care or the treatment prescribed through the Service, or You believe (or someone else advises You) that You have or suspect that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest open clinic or emergency room.

THE SERVICE IS NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

The medical advice provided through the Service is based on Your personal health data as provided by You and the local standards of care for Your presenting symptoms based on Your use of the Service. Responses are not provided by Zipnosis, but are provided by medical doctors, nurse practitioners or physician assistants.

THE CONTENT ON THE SITE (OTHER THAN A DIRECT RESPONSE TO YOU FROM A MEDICAL DOCTOR, NURSE PRACTITIONER OR PHYSICAL ASSISTANT) SHOULD NOT BE CONSIDERED MEDICAL ADVICE. You should always talk to Your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for You. None of the information on this Site represents or warrants that any particular drug or treatment is safe, appropriate, or effective for You.

If You do not know the answer or how to answer a question (or if You do not understand what is being asked) stop using the Service and immediately contact an available health care provider.

Use of the Site
Zipnosis grants You permission to use the Site for Your personal, non-commercial purposes. Your use of the Site is further limited as follows:

You agree not to use the Site for unlawful purposes, and You agree to comply with all applicable laws, rules and regulations while using the Site.
You agree not to use the Site for any commercial purposes, including any advertisement, commercial solicitation, or promotion of any specific goods or services.
You agree not to collect or use any information or other data available via the Site inappropriately.
You may not distribute, modify, copy (except as set forth in these Terms of Service), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site, except as specifically authorized in the Terms of Service, without Zipnosis’ written permission.
You agree not to use the Site to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You agree not to incorporate any code into the code of the Site or to use the Site to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use or operation of the Site or any user of the Site.
You agree not to restrict or inhibit any other person from use of the Site. You agree not to interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks.
You agree not to use the Site to harvest or collect personally identifiable information about users of the Site.
You agree not to use the Site to disrespect or violate the privacy or views of others.
You agree not to use the Site to impersonate another person or supply false information about Yourself or another person.
You agree not to allow any other person or entity to use Your identification to post or view comments, or to otherwise access or use the Site.
You agree not to post material on the Site that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.
User Representation
You represent and warrant that You are at least 18 years of age and possess the legal right and ability to agree to these Terms of Use and to use this Site in accordance with these Terms of Use.
You represent and warrant that any information You provide in using the Services or the Site will be truthful, honest and complete and will not contain any inaccuracies, including but not limited to any inaccuracies resulting from the omission of relevant information.
By completing a Zipnosis transaction You are consenting to truthfully completing questions to the best of Your knowledge and ability.
Registered Users
If You meet the eligibility requirements as established by Zipnosis You must sign up to become a registered user of the Services provided through the Site. Both a logon identity or user name and a password shall be necessary to access the Services through the Site. The password provides vital security in preventing unauthorized access to Your user data, health information, confidential information and account. You are responsible for selecting a secure password. You should never allow anyone to access Your account on Your behalf or give anyone Your password. You are responsible for keeping and maintaining the security of Your password. Zipnosis shall have no responsibility for unauthorized access to Your account or the information in that account that results from Your failure to keep secure Your password.

You may choose to add an adult or legal dependent to Your account (such as a parent, spouse, family member or other acquaintance). BY ADDING THIS PERSON TO YOUR PERSONAL ACCOUNT, YOU ARE ALSO AGREEING TO ALLOW THIS PERSON TO ACCESS TO ANY OF YOUR MEDICAL RECORDS ACCESSIBLE THROUGH ZIPNOSIS. BY UTILIZING THIS ACCOUNT, THE DEPENDENT ACCOUNT HOLDER IS ALSO AGREEING TO ALLOW YOU ACCESS TO ALL OF THEIR MEDICAL RECORDS ACCESSIBLE THROUGH ZIPNOSIS.

Intellectual Property
The Service, the Site, and all information and/or content that You see, hear or otherwise experience on the Site (collectively, “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to Zipnosis or its partners, affiliates, contributors or licensors. This protection includes the use of the trademark name “ZIPNOSIS” and the Zipnosis logo. The use or misuse of the Content, except as provided in these Terms of Use or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited.

Disclaimer of Warranties
ZIPNOSIS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. ZIPNOSIS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE AND THE CONTENT. ZIPNOSIS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ZIPNOSIS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ZIPNOSIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ZIPNOSIS IS NOT LIABLE TO ANY USER OR PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR CONTENT DISPLAYED OR PROVIDED IN THIS SITE. ZIPNOSIS IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PROVIDER SELECTED ON THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ZIPNOSIS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $1,000.00.

ANY CLAIM ARISING FROM THE USAGE OF THIS SITE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Pricing and Coverage Information
As a service to users of this Site, Zipnosis may request from Your health plan or provider eligibility, coverage, benefit and related information on Your behalf. Such requests do not include reviewing any prior authorization, referral, or medical necessity requirements.

Zipnosis does not engage in utilization review. Users should consult their primary care physician to address such requirements.

You agree Zipnosis may pass Your personally identifiable information to such individuals or organizations in connection with such a request. You also agree to sign an authorization allowing Zipnosis to give these people information about You and telling these people to give Zipnosis information about You. This authorization is displayed on the Site.

Charges and Billing
You may be responsible for providing a valid credit card number, expiration date, and card security code from the back of the card at the time You purchase a service or schedule an appointment. You represent and warrant that You are an authorized user of such credit card, and You agree to pay all charges resulting from Your purchase of the services on this Site at the charges then in effect, including any unauthorized charges incurred prior to Your notifying Zipnosis of such charges. You agree that Zipnosis may provide Your credit card information and related personal information to its designated service provider(s) or the vendor or provider offering services for their use in charging You for appropriate services or cancellation fees incurred through Your use of this Site.

Zipnosis reserves the right to modify prices, fees, or institute new charges at any time with at least thirty (30) days’ notice. You understand that services may not be provided or appointments will be cancelled if the credit card information You provide is inaccurate or invalid.

Links to Third Party Sites
As a convenience to Site users, Zipnosis may provide hypertext links to third party web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Zipnosis of the third party, the third-party web site, or the information contained therein. You acknowledge and agree that Zipnosis is not responsible for the availability of any such web site, and that Zipnosis does not endorse or warrant, and is not responsible or liable for, any such web site, its content, its privacy policy or practices, or the acts or omissions of its operators.

Geographic Limitations on Use
Like most Internet web sites, this Site is accessible worldwide. However, not all services are available to all persons or in all geographic locations. Zipnosis reserves the right to limit the provision of its Service to any person, geographic area, or jurisdiction and to limit the quantities of any Service that it provides. Any Service identified on the Site is only available where Zipnosis, or any other entity offering the services on the Site, is licensed or authorized to do business. Please consult Zipnosis directly for information regarding the services that may be available to You in Your area. You agree to comply with all applicable laws and local rules or restrictions relating to the Site.

The Site is not intended for use outside the United States of America.

Personal Information and Privacy Statement
Email, text messages, Internet transactions or other electronic communications between You and Zipnosis may not be secure. While certain communications are performed through a Secure Sockets Layer (SSL) connection, not all communications between You and Zipnosis are encrypted. Zipnosis is not responsible for any interception or disclosure of personal information that may occur as the result of any electronic communications in using the Services. Please consider these facts before sending Zipnosis any personal or confidential information or utilizing the Services which may result in personal or confidential information being transmitted by Zipnosis to You. Zipnosis may monitor, record, collect and use for any lawful purpose information generated through Your use of the Site. Zipnosis’ collection and use of such information is described in Zipnosis’ Privacy Statement. Your obligations under these Terms of Use are in no way conditioned on Zipnosis’ compliance with the terms of the Privacy Statement.

SMS / Text messaging
During registration, you may opt-in to receive SMS notifications related to this service. We will send you an SMS message to confirm your signup.
SMS notifications will all relate to status updates for your visits.
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive a variable number of messages per visit, based on update frequency. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, please use information on the footer of this page to contact support.
If you have any questions regarding privacy, please read our privacy policy: https://geniusrx.training.zipnosis.com/privacy.
User Supplied Material
If You supply any comments, information or material via the Site, You guarantee to us that You have the legal right to supply such material and that it will not violate any law or the rights of any person or entity.

General Provisions
Entire Agreement
Together with the additional terms and conditions applicable to specific areas of the Site or to particular transactions, these Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Zipnosis of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Choice of Law and Venue
Any and all disputes relating to these Terms of Use, Your use of the Site, the Service, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in the State of Minnesota, and You hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. The operation of this Site does not mean or imply that we are conducting business in any state of the United States of America outside of Minnesota, or outside of the United States. If You access this Site from outside the United States, You assume all risks and You are solely responsible for compliance with Your jurisdiction’s laws and requirements.

Severability
If any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force. A waiver of any of the Terms and Conditions is not to be interpreted as a further or continuing waiver of that or any other term or condition.

General Contact Information
If You have any questions about these Terms of Use, the Site, the Service, or the Content, You may contact us by: (a) sending an email to: [email protected], or (b) sending a letter via US Mail to: Zipnosis, Inc., 323 Washington Avenue N., Suite 300, Minneapolis, MN 55401

Changes to Terms of Service
Zipnosis may revise these Terms of Service at any time without notice to You. The revised Terms of Service will be effective when posted. The most current Terms of Service may be found at https://geniusrx.training.zipnosis.com/terms_of_service. If You do not agree to the modified Terms of Service, You should discontinue use of the Site and the Service.

How to Contact Us:
GeniusRx

622 Banyan Trail, Suite 614

Boca Raton, Florida 33431

Telephone: 800-964-9654

General Help Email: [email protected]

Telehealth Help Email: [email protected]

Need further assistance? Visit us at geniusrx.com/contact