YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY.
AMONG OTHER THINGS, THEY:
INTRODUCTION – What We Do
Welcome, LUX MD is a technology platform which enables registered users to connect with physicians and other health care providers for the diagnosis and treatment of select health conditions.
LUX MD and its affiliates own and operate Website(s) including Lux MD.com, other related Website(s) that may link or redirect to Lux MD.com (collectively, the “Website(s)”). The Website(s) facilitate the provision of services to registered users, which may include: 1) providing general information relating to personal healthcare and available treatments, including prescription medication; 2) administrative support for the collection and maintenance of health care records and information, to be used in connection with communications with health care providers and pharmacy services; and (3) telecommunications and technological support for connecting registered users to health care providers for communication, consultations, assessments, and treatment by such providers (collectively, the “Services”).
LUX MD IS NOT A MEDICAL PRACTICE
LUX MD is not a medical practice or other healthcare provider, and we do not employ physicians or other health care providers. While our Services enable registered users to communicate with health care providers, the content on our Website(s) and the Services we provide cannot and are not intended to provide medical advice. Medical care is not provided by Lux MD. It is provided by 3rd party telehealth providers groups and independent physicians. These medical providers may deny treatment, and not provide you with a prescription, if they believe that you may be better served by a local provider, or for any other reason. To the extent medical advice or a prescription is provided to you by a health care provider through the Services, such medical advice or prescription is based on the information you provide to the health care provider and their professional judgment. LUX MD does not provide medical advice, and we do not have control or influence any medical advice, treatment or prescription provided by your healthcare provider.
LUX MD IS NOT A PHARMACY
None of the Services replaces your relationship with your primary care physician. The physicians and other healthcare providers that you may communicate with via our Website(s) do not diagnose, treat or screen cancer or other diseases related to the urogenital area or any other part of the body. Prescription medications are prescribed by licensed medical providers. You should never delay seeking advice from your urologist, primary care physician, or any other healthcare provider due to any diagnosis, advice, or other information provided (or the omission of any such information) on the Website(s), or a healthcare provider with whom you communicate via our platform. In the event you believe you may have a medical emergency, you should immediately contact your local physician or 911 for assistance. By accessing the Website(s), you expressly agree to these Terms and Conditions, and our Privacy Policy, which is found here and incorporated into these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use or access our Website(s) or our Services.
RESIDENTS OF CERTAIN STATES ARE NOT ELIGIBLE
Each state has different laws relating to telemedicine and the dispensing of prescription medications. LUX MD is working diligently with the medical practices and pharmacies that we work with for their services to be available in all 50 states. Residents of certain states are not eligible for LUX MD Services. If you were sent to this section from the Checkout page, our system has indicated that you might be accessing the site from one of these states.
PERSONS UNDER 18 YEARS OLD ARE NOT ELIGIBLE
Persons under eighteen (18) years of age are not eligible to become registered users of the Website(s). If you are under 18, you will not be able to use the Website(s) to be connected to a health care provider, and you will not receive treatment or a prescription. If you are a parent or guardian of an individual under the age of eighteen (18) and believe your child has registered or is using our Website(s) without your consent or authorization, please contact us at SUPPORT@LUX MD.COM.
TELEMEDICINE – POSSIBLE BENEFITS AND RISKS AND YOUR CONSENT
Telemedicine involves using technology to enable healthcare providers to evaluate and treat patients from different locations. Telemedicine communications may include transmission of your medical records, photos and other personal health information, and may include interactions via dynamic intake forms, live 2-way video and audio, and other methods. LUX MD’s technology platform incorporates network and software security protocols to protect the privacy and security of your health information.
Please see our Telemedicine Consent.
ALL INFORMATION YOU PROVIDE REGARDING YOURSELF AND YOUR MEDICAL HISTORY MUST BE ACCURATE, CURRENT AND COMPLETE
You represent and warrant that all information you provide when registering for an account and at all times in connection with your use of the Website(s) and platform, and in communications with healthcare providers, is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete as long as you are using the Website or receiving Services. You must not impersonate someone else, or use a fake name, address or other information. You agree to notify LUX MD immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in your information.
You are responsible for any activity by other people that access the Website(s) under your account that, if undertaken by you, would be a violation of these Terms of Service. Any such act or omission shall be deemed a violation of these Terms of Service by you.
PRIVACY
The confidentiality and privacy of your personal health information is very important to us, and to your healthcare providers. Please see our Privacy Policy, which explains how we may collect, use, share and disclose your information, which is incorporated into these Terms and Conditions. If you use the Services or any Website, or if you register for an account, you are accepting our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you may not use the Services or the Website(s).
YOUR ACCESS RIGHTS AND CONDUCT
Subject to the terms and conditions of these Terms of Service, we grant to you a limited, non-exclusive, non-transferable, freely revocable right to access the Website(s) and use the Services as permitted by the features of the Website solely for your personal, non-commercial use, and only as permitted under these Terms and Conditions. LUX MD reserves all rights in the Website, the Intellectual Property (as defined below) and the Marks (as defined below) not expressly granted to you herein. We reserve the right, in our sole discretion, to deny use of the Website to anyone, for any reason, and at any time, subject to applicable law.
You agree that you are not permitted to, and you will not attempt to: (a) infringe the patent, trademark, trade secret, copyright, or other intellectual property or other rights of another person, (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, (c) reverse engineer, disassemble, decompile, or translate any components of the Website, attempt to derive the source code of any components of the Website, or authorize or assist any third party to do any of the foregoing, (d) modify, copy or make derivative works based on any part of the Website or any underlying software, technology or other information, including any printed materials of the same, (e) use any robot, spider, or other such programmatic or automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website, (f) systematically collect or use any content from the Website, including through the use of any data mining, or similar data gathering and extraction methods; (g) disrupt or interfere in any manner with the operation of the Website(s), or the hardware or network used to operate the Website(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Website(s), (h) allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication, (i) upload or otherwise spread any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment, (j) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Website, (k) use any high volume, automated, or electronic means to access the Website (including, without limitation, robots, spiders or scripts), (l) create Internet “links” to or from the Website, or “frame” or “mirror” any LUX MD content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages; (m) disrupt, interfere with, or inhibit any other person from using the Website or other affiliated or linked Website(s), material, contents, products and/or services, (n) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party, (o) use the Website to violate any local, state, national or international law, rule or regulation, or in a manner that is harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive, on in any manner that exceeds the scope your limited access rights granted herein.
FEES AND PAYMENT
You are responsible to pay for services and products that you order. LUX MD bills based on your elected plan or price structure. The payments that you make to LUX MD may include fees for services charged by 3rd parties and LUX MD may collect payment on their behalf. Unless otherwise stated, all fees are quoted in U.S. Dollars. Payments may be facilitated through a third-party payment processing service. You authorize LUX MD to charge you, through our third-party payment processing service, for all fees as they become due, and represent and warrant that you are authorized to use any and all payment information you provide. If your payment method fails or fees associated with your account are past due, we may collect fees owed using other collection mechanisms, including charging other payment methods on file and/or retaining collection agencies and legal counsel. Subject to compliance with any notice or waiting period provided by applicable law, we may also block your account pending resolution of any amounts due.
You can cancel your subscription anytime by emailing support@LuxMD.com.
THIRD PARTY CONTENT AND LINKS
The Website(s) may contain links or references to Website(s) operated by third parties. The provision of a link or reference to any other website is for your convenience only and does not constitute or imply that LUX MD endorses or recommends such third parties or their Website(s). We have no control over, do not review, and cannot be responsible for, third party Website(s) or their content. When leaving the Website(s) for a third party website, you should carefully review its applicable terms of service, including privacy policy. Your access to any other website, and use of any content, products or services thereon is at your own risk, and we are not responsible or liable, directly or indirectly, for any information, content, products or services relating to any third party Website(s), or for any damages or loss in connection with your use or reliance on such information, content, products or services, or the acts or omissions of such Website(s) or their operators.
OWNERSHIP OF CONTENT AND OTHER INTELLECTUAL PROPERTY
The software, code, proprietary methods, systems, functionality and content used in the Website(s), without limitation all text, images, video, audio and design, and all names, logos, and other materials displayed on the Website (collectively, the “Intellectual Property”) are the exclusive property of LUX MD, or third parties with whom we do business. The Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way. You do not have any right to the Intellectual Property, or to use the Intellectual Property in any way, except the limited right to access the Website(s) in accordance with these Terms of Service.
TERMINATION
You may terminate your Account at any time, for any reason, by sending an email to SUPPORT@LUXMD.COM. LUX MD may terminate your account and your right to access the Website(s), at any time, for any reason or no reason. We reserve the right to discontinue the Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Website.
DISCLAIMER OF WARRANTIES
USE OF THE WEBSITE(S) AND THE LUX MD PLATFORM IS AT YOUR SOLE RISK. THE WEBSITE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUX MD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. LUX MD MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LUX MD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUX MD OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LUX MD DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. LUX MD IS NOT RESPONSIBLE FOR THE INTERNET, DATA BANDWIDTH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. LUX MD MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES OR ALL TERRITORIES WITHIN THE UNITED STATES. LUX MD MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL LUX MD BE HELD LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR ACCOUNT.
LUX MD does not warrant that the product packaging depicted on the Website will match the actual product that you receive.
RELEASE OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LUX MD OR ITS REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THE WEBSITE(S), UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IT TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY CLAIMS FOR PERSONAL OR BODILY INJURY, DISABILITY, DEATH OR EMOTIONAL OR PHYSICAL DISTRESS, ARISING OUT OF ANY DIAGNOSIS OR TREATMENT OF YOU BY HEALTHCARE PROVIDERS WITH WHOM YOU COMMUNICATE THROUGH THE WEBSITE(S). THIS IS TRUE EVEN IF LUX MD IS AWARE OF THE POSSIBILITY OF SUCH CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE(S) AND OUR SERVICES.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless LUX MD and its representatives and agents, and any third party healthcare providers with whom you communicate through the Website(s) or otherwise as part of our Services, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising out of or related to your violation of any provision of these Terms and Conditions
DISPUTE RESOLUTION
These Terms and Conditions and your use of the Website(s) and Services are governed by the laws of the State of Florida, excluding its rules regarding conflicts of law. You agree that any claim or dispute between you and LUX MD must be exclusively through binding arbitration which will take place in , Hillsborough county Florida under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in a court of competent jurisdiction located in Hillsborough county, Florida and you agree to the exclusive jurisdiction of such courts. The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision in these Terms and Conditions shall not affect the validity or enforceability of any other provision.
ASSIGNMENT
LUX MD may transfer, sell or assign to third parties its rights under these Terms and Conditions and any rights related to your relationship with LUX MD, including, without limitation, transferring your account and any personal information that you provide or that has been provided on your behalf to LUX MD; provided that these Terms and Conditions shall be binding upon and inure to the benefit of LUX MD’s successors or assigns. You may not assign your rights under these Terms and Conditions or your relationship with LUX MD, and any attempted assignment will be null and void.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
LUX MD can change, add or remove provisions to these Terms and Conditions at any time, by posting the new Terms and Conditions on the Website(s). We recommend that you read the Terms and Conditions each time you use the website. If you object to any changes, your sole recourse will be to cease using the web sites and our services. Your continued access to and use of the Website(s) or Services signifies your acknowledgement and acceptance of any such changes to these Terms and Conditions and agreement to be bound thereby.
REPORT VIOLATIONS
YOU SHOULD REPORT ANY SUSPECTED VIOLATIONS OF THESE TERMS OF SERVICE TO SUPPORT@LUXMD.COM.
QUESTIONS
IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THESE TERMS OF SERVICE, PLEASE CONTACT US AT SUPPORT@LUXMD.COM.