FOLX HEALTH TERMS OF SERVICE
We are FOLX Health, Inc. (our pronouns are “we,” or “us” or “FOLX Health” ) and we are so glad you are interested in reviewing the terms and conditions of our relationship. We own and operate the website located at www.folxhealth.com (the “Website,” and together with all of its sub-domains and mobile-enabled websites, the “Platform”). Your access and use of the Platform and any of its content (“Content”), any products or services provided through the Platform or otherwise by FOLX Health or our affiliated clinical practices (the “Affiliated Practices”), and any website, software or application owned or operated by FOLX Health (collectively, including the Platform and the Content, the “Service”) are governed by these Terms of Service ( “Agreement”).
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service and our relationship. In this Agreement, the terms “you” and “yours” refer to the person using the Service as well as any visitors to our websites.
THE PLATFORM IS NOT APPROPRIATE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE AFFILIATED PRACTICES OR PROVIDERS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
Acceptance of Agreement
By using the Service, you are agreeing to this Agreement. If you do not accept and agree to be bound by this Agreement in its entirety, please do not use the Service.
The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. The date of the latest revision to this Agreement is at the top of this page. You should check this date periodically to ensure that you have reviewed the most recent version of this Agreement. Your continued use of the Service after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
This Agreement is between you and FOLX Health. By accepting this Agreement, you represent and warrant to us that: (i) you are at least eighteen (18) years of age or the legal age of majority where you reside if that jurisdiction has an older age of majority; (ii) you have not previously been suspended or removed from the Service; (iii) your registration and your use of the Service is in compliance with all applicable laws and regulations; and (iv) you are physically located in the United States and within a jurisdiction in which we offer our Service, including, without limitation, when utilizing the Service to receive telehealth consultations from a Provider (as defined below).
Please note that the Platform and Service are available only for individuals aged 18 years or older (or the legal age of majority where you reside if that jurisdiction has an older age of majority).
By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, and registering with or using the Service, and (c) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you are an authorized representative of the entity and that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization.
Your Relationship with Us
We are a technology company that makes available to individuals who register as members of the Service (“Members”) certain products and services sold or offered by FOLX Health and/or by the Affiliated Practices, third-party licensed clinicians, participating pharmacies (“Pharmacies”) and CLIA certified laboratories (“Labs”) (collectively, the “Providers”) or other vendors. Any services you receive from the Providers or other vendors may be subject to additional terms and conditions from those Providers or vendors.
With respect to the Providers, we act solely as a technology platform to connect you with the products and services offered by the Providers through the Service. We do not control or interfere with the Providers’ practice of medicine or any activity that requires licensure or certification and each of the Providers is solely responsible for the medical care and treatment or other services they provide to you. Please be aware that products and services offered by Providers and other vendors may be subject to delays, limitations and failures which are the responsibility of the Providers or the vendors, and not FOLX Health, and FOLX Health is not responsible for any losses, injuries or damages resulting from any such delays, limitations or failures related to a Provider’s or other vendor’s products and services. FOLX Health makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by the Providers and/or any other products and services provided by Providers or other vendors. By accepting this Agreement, you acknowledge and agree that FOLX Health is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with FOLX Health. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with one or more Providers.
By accepting this Agreement, you acknowledge and agree that the Providers may send you messages, reports, and emails via the Service regarding your care. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that FOLX Health will not monitor these communications or otherwise participate in your care. Neither FOLX Health nor any Provider will be responsible and you will not hold FOLX Health or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to messages, reports and/or emails from your Providers or for your failure to comply with any treatment recommendations or instructions from your Provider(s).
Subscription Membership. FOLX Health offers the Service to Members on a subscription membership basis (a “Membership”). This means that Members pay a fixed monthly or annual fee for access to a wide range of services and resources offered to Members through the Platform, including but not limited to:
- Access to FOLX Health’s Platform to book visits with clinicians
- Access to the FOLX Community Platform
- Access to FOLX Health’s referral network for participating Providers
- Access to medical letters of support for surgery or name and gender marker changes
- Messaging with member support and clinical teams for resources, questions or care
- Support groups and mental health resources
- Asynchronous care with clinical teams
- Discounted rates for medication and laboratory services
- Ability to send prescriptions directly to a Member’s local pharmacy of choice
- Additional resources and services made available by FOLX Health through the Platform from time to time
If Members choose a monthly Membership, Membership fees will automatically be charged to Members on a monthly basis or if Members choose an annual Membership, Membership fees will automatically be charged to Members on an annual basis until a Member cancels their Membership in accordance with FOLX Health’s cancellation policies summarized in the “Cancellation” section below.
Certain components of the Service are not included in Membership fees and are described in more detail in the “Fee-Based Services” section below. Additional information is available on the Website by clicking here.
Fee-Based Services. All Members regardless of Membership status are responsible for paying fees associated with their clinical consultations with Providers, a Member’s medication purchases, and a Member’s lab costs (together with any other fee-based products and services made available to you by FOLX Health, the “Fee-Based Services”) as follows:
- Clinical Consultations – A Member may elect to have fees for clinical consultations be submitted to the Member’s Insurance, or a Member will be responsible for self-paying all fees owed to an Affiliated Practice or Provider for a clinical consultation. Members who are self-paying fees will be charged at the point of booking the clinical consultation. Members who are paying using insurance will be charged a co-pay or coinsurance at the point of booking the clinical consultation and will be responsible for any fees insurance does not cover after the services have been rendered.
- Medication – If you are using our partner pharmacy for your medications, you will be invoiced at the time the medication is ordered and payment is required before your medication will be mailed to you. If you would prefer to pick up your medication at your local pharmacy of choice, you may use applicable insurance or pay out of pocket at the point of sale.
- Laboratory Testing and Services – If you are using a Quest lab facility, you will be invoiced for laboratory testing and services on your monthly billing date after your lab order is sent to Quest. If you are using TBD Health, Inc. to access STI testing through FOLX Health, you will be invoiced at the time that the test is ordered. If you are using any other non-Quest lab facility, you will be invoiced for laboratory testing and services directly by the lab. Members will be responsible for paying all invoices for laboratory testing and services using applicable insurance or self-pay options made available by FOLX Health.
You acknowledge and agree that amounts set forth in invoices from FOLX Health shall be immediately due and payable by you unless otherwise indicated. Fees for Fee-based Services may be modified by Folx Health at any time upon written notice to Members.
Insurance and Payment Authorization
To use your insurance for Fee-Based Services that you are responsible for when using the Service, you will be required to upload your insurance information to the Platform and validate that information for each visit with a Provider. By providing insurance information and/or validating that insurance information in connection with a transaction, you are expressly agreeing that FOLX Health (i) may use that insurance information to check your eligibility for products and services and to facilitate transactions with you through the Platform, and (ii) is authorized to submit a claim to your insurance carrier for your use of the Service, including any Fee-Based Services eligible for insurance reimbursement.
Please note that FOLX Health may not receive complete information from your health insurance plan, if applicable, regarding for example the applicable copay due for your clinical consultation. In these instances, you may be billed more than once with respect to a clinical consultation to account for additional copay amounts due, if any. Should FOLX Health not be in your network, or if you choose not to enter your insurance information into the Platform, you elect to be seen as self-pay, thereby waiving health plan claim submission. If your insurance does not cover an insurance claim you will be responsible for paying all associated amounts which are due and payable from you by an approved payment method described in more detail in the “Terms of Sale & Payment Processing” section below.
While we strive to make this process simple and transparent at the beginning of the transaction, your insurance company’s policies, deductible and/or copayments or coinsurance may affect the final amount you will pay for a clinical consultation, prescription medication or laboratory testing.
FOLX Health is committed to providing transparent pricing and we publish on the Website the cost of Membership and also a price list (available here) describing the cost of Fee-Based Services for Members who are out-of-network or uninsured, including fees for primary care and mental health clinical consultations, medication, and labs. The price list may be updated by FOLX Health from time to time in its discretion.
Our Membership cancellation policies are published on the Website and will apply to any request by you to cancel your Membership for the Service.
Our Appointment Cancellation Policy is also published on the Website and will apply to any cancellation requests for clinical services scheduled with a Provider.
The cancellation policies made available to you above in this Agreement, on or through the Website, during the process of booking an appointment, or otherwise by FOLX Health, are incorporated herein by reference. FOLX Health may update and modify its cancellation policies from time to time in its discretion.
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform or in-person as may be required by federal or state laws, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of the Pharmacies by using the Platform, or you may fill the prescription at any pharmacy of your choice. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.
If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will either be shipped to you by the applicable Pharmacy or available for pick-up at a Pharmacy location in your community.
In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted.
FOLX Health and its Providers are not able to provide healthcare services to minor children. If you are a parent of a minor child, you may request to speak with a Provider about general medical questions concerning children (for example, the type of gender affirming hormone therapy care available to children). In all cases, please note that FOLX Health and its Providers are not able to review or receive any specific information about your minor child, including but not limited to specific information related to your minor child’s medical history. Please do not send or disclose any information about a minor child’s medical history to FOLX Health and/or its Providers.
Consent to Use of Telehealth Services
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Provider through the Platform.
Your Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate and complete information in any forms, orders or other communications you submit to or through the Service. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice. Any intentional submission of false, inaccurate and/or incomplete information to FOLX Health is prohibited and may result in our suspension or termination of your right to use the Website, Service, and/or physical locations of FOLX Health, Affiliated Practices and/or Providers, removal of your account, and any such violations may possibly expose you to legal action and damages.
Protected Health Information
In connection with components of the Service, FOLX Health may receive certain medical information that may be protected under applicable laws, including the Health Insurance Portability and Accountability Act of 1996 as amended, and its implementing regulations (collectively, “HIPAA”). Certain information provided to FOLX Health by the Providers may be protected by HIPAA (this information is called “PHI”). Your health information may also be protected under state law. To the extent FOLX Health receives PHI that is protected by HIPAA or information that is protected by state law, this information will be used and disclosed only as permitted by HIPAA and applicable state law. PHI does not include information that has been de-identified in accordance with HIPAA, or information that has had all identifiers, such as your name, address, email address, etc., removed.
Registration; Member Accounts, Passwords, and Security
You are obligated to register and set up an account in the Platform in order to access the Service, and the Service is available only to Members who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to FOLX Health or the Providers. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify FOLX Health of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by contacting FOLX Health’s Help Center at https://support.folxhealth.com. In addition, you agree to keep confidential your username and password and to exit from your Member account at the end of each session. FOLX Health explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time and you may not allow others to use your account to access the Service.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. You should keep in mind that the Service is run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.
You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. FOLX Health may investigate any alleged or suspected violations and if a criminal violation is suspected, FOLX Health may cooperate with law enforcement agencies in their investigations.
Terms of Access and Use; Ownership of the Service
The Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, FOLX Health grants you a limited, non-transferable, revocable right to access and use the Service for your personal use. Unless otherwise specified by FOLX Health in a separate written agreement, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by FOLX Health.
You agree that FOLX Health and its suppliers and licensors own all rights, title and interest in the Service and its Content, as the case may be. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. FOLX Health’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of FOLX Health and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Service
Except with respect to PHI or personal information that is protected by law, any information you transmit to FOLX Health via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant FOLX Health a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the Service to you and to our other Members. You agree that you, not FOLX Health, are responsible for all of the Submissions that you provide to the Service. In addition to the foregoing, FOLX Health shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that FOLX Health deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
If a Submission you make contains PHI or information protected by law (“Protected Information”), FOLX Health’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
The rights granted to you under this Agreement are subject to the following conduct guidelines concerning the Website and our Service:
- You may not access the Service using a third party's account, and you will not allow others to use your account. You may not create an account using registration information that is not yours or otherwise try to impersonate another Member or person;
- You will not copy, reproduce, distribute, transmit, republish, post, publicly perform or publicly display the Website and/or Service or any information or content made available on or through the Website and/or Service;
- You will not license, sell, rent, lease, transfer, assign, host or otherwise commercially exploit the Website and/or Service;
- You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Website and/or Service;
- You will not access or use the Website and/or Service to build a similar or competitive service or application;
- You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Website and/or Service;
- You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Website and/or Service, and you will not collect or harvest any personally identifiable information, including account usernames and passwords;
- You will not create or compile, directly or indirectly, any collection, compilation, database, or directory from the Website and/or Service and/or accounts;
- You will not disrupt the operation of the Website and/or Service in any manner or impose an unreasonable or disproportionately large load on our infrastructure, for example by using methods such as denial of service attacks, flooding and spamming;
- You will not upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate;
- You will not upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party
- You will not transmit any "junk mail", "chain letter," “phishing” or "spam" or any other similar solicitation;
- You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Website or Service;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website or Service;
- You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;
- You will not hack, spam or phish FOLX Health, Third Parties and/or Members of the Website and/or Service;
- You will not use the Website and/or Service other than for their intended purposes; and
- You will not access or use the Website and/or Service in an unlawful way or for an unlawful or illegitimate purpose.
Additionally, any Member who visits the physical locations of FOLX Health, Affiliated Practices and/or Providers may not engage in or exhibit disruptive behavior while at those locations, including but not limited to disruptions that:
- affect the flow of scheduled appointments and patient care;
- affect a Provider’s ability to provide care to Members and other individuals; or
- threaten the safety and wellbeing of Providers, FOLX Health staff, other Members, or other individuals.
Members who cause disruptions or exhibit any threatening or violent behavior at physical locations of FOLX Health, Affiliated Practices and/or Providers, or damage a Provider’s or FOLX Health’s property may, at FOLX Health’s sole discretion, receive one or more warnings, be immediately suspended or terminated as set forth below, and/or the Member may be reported to local law enforcement.
You agree to comply with the conduct requirements in this section (“Conduct Guidelines”) and agree not to assist or permit any person to engage in any conduct that does not comply with this Agreement. Any use of the Website and/or Service or conduct at physical locations of FOLX Health, Affiliated Practices and/or Providers in violation of these Conduct Guidelines is prohibited and may result in our suspension or termination of your right to use the Website, Service, and/or physical locations of FOLX Health, Affiliated Practices and/or Providers, removal of your account, and any such violations may possibly expose you to legal action and damages.
Right to Monitor
FOLX Health reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in FOLX Health’ sole discretion, may be illegal, may subject FOLX Health to liability, may violate this Agreement, or are, in the sole discretion of FOLX Health, inconsistent with FOLX Health’s goals and purpose for the Service.
Third-Party Goods and Services
Parties other than FOLX Health, including Providers (each a “Third-Party” and collectively, the “Third-Parties”) provide services or sell products through the Service, and FOLX Health may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third-Parties you may have, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using Third-Party Goods and Services and disclosing personal information to Third-Parties.
You agree that FOLX Health shall not be responsible or liable for any loss, injury or damage of any sort incurred as the result of your use of Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other Member or any other entity or individual, you understand and agree that FOLX Health is under no obligation to become involved in such dispute, and you hereby release and indemnify FOLX Health Parties (as defined below) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of FOLX Health’ shareholders, directors, officers, employees, contractors or agents (collectively, “FOLX Health Owners and Personnel”) may have a financial interest in one or more Third-Parties, and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.
Terms of Sale & Payment Processing
All products and services offered for sale by FOLX Health are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time upon notice to Members.
You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy Member issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each Member.
FOLX Health may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Providers terminates, or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with FOLX Health. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all FOLX Health Parties harmless from any and all liability that any such FOLX Health Parties may incur with respect thereto.
Content and other information contained on the Service is provided by FOLX Health as a convenience. Members relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE MEMBER. THE FOLX HEALTH PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE AFFILIATED PRACTICES, PHARMACIES, LABS AND OTHER PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM BY FOLX HEALTH, THE AFFILIATED PRACTICES, PHARMACIES, LABS OR OTHER PROVIDERS. FURTHERMORE, FOLX HEALTH SHALL NOT BE LIABLE FOR ANY DELAYS, LIMITATIONS AND/OR FAILURES RELATED TO THE PRODUCTS AND SERVICES PROVIDED BY THE AFFILIATED PRACTICES, PHARMACIES, LABS AND OTHER PROVIDERS ON OR THROUGH THE SERVICE. FOLX HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE OR ANY PRODUCTS AND SERVICES FROM THE AFFILIATED PRACTICES, PHARMACIES, LABS AND OTHER PROVIDERS. FOLX HEALTH ALSO DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOLX HEALTH PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY THE PROVIDER(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOLX HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOLX HEALTH PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You are solely responsible for all claims, injuries (including death), illnesses, damages, liabilities, and costs (“Liabilities”) suffered by you or any third party as a result of your use of the Website and Service. To the maximum extent permitted by applicable law, you hereby release FOLX Health Parties (as defined below) from any and all responsibility and liability for the foregoing.
YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the FOLX Health Parties pertaining to the subject matter of this section.
You agree to defend, indemnify, and hold FOLX Health, the Affiliated Practices, their affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, the “FOLX Health Parties”) and any Third-Party offering products or services through the Service, including the Providers, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Notices & Electronic Communications
Any notices to you from FOLX Health regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of FOLX Health.
When you access or use the Service or send emails to us or the Providers, you are communicating with us or the Providers electronically. You consent to receive communications from us, the Affiliated Practices and the Providers electronically. We will communicate with you via email or through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of FOLX Health and the Affiliated Practices at the mobile number you have provided, including calls and text messages, to receive informational, Service-related communications (e.g., progress tracking, refill reminders, checkup reminders, etc.) and marketing communications relating to the Platform and Service. Message and data rates may apply. To stop receiving text messages text the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify services you wish to stop. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.
It is FOLX Health’s policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to FOLX Health by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, please send FOLX Health a counter-notice. You may submit notices of alleged infringement, or any counter-notice, via email, with the subject line “Copyright Notices” to our designated copyright agent at our Help Center at https://support.folxhealth.com or you may send an email to Legal@folxhealth.com.
FOLX Health may disclose any communications concerning copyright notices or other intellectual property complaints to third parties, including the Members who have posted the allegedly infringing material. FOLX Health reserves all rights to seek damages and fees associated with infringement and/or fraud.
This Agreement and any other agreements FOLX Health may post on the Service or that you and FOLX Health may execute from time to time constitute the entire agreement between FOLX Health and you in connection with your use of the Service and supersede any prior agreements between FOLX Health and you regarding use of the Service, including prior versions of this Agreement.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boston, Massachusetts, United States of America, before one arbitrator. If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
YOU AND FOLX HEALTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
YOU AND FOLX HEALTH EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER THEORY.
Governing Law; Venue; Severability of Provisions
The Service is controlled and operated by FOLX Health from our offices within Massachusetts. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited. Please also note that any individuals residing outside of the United States may not use the Service at this time.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the Commonwealth of Massachusetts, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and FOLX Health, the Affiliated Practices, or the other Providers. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. FOLX Health may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of FOLX Health or to another third party in the event that some or all of the business of FOLX Health is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third-Party Links and Third Party Beneficiaries
Except as specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, including the Providers, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
When we make available to our Members certain social media features through Facebook, X, Instagram, TikTok, LinkedIn or other social media sites, Members may take such actions as are enabled by those features. Please be aware that activities on our social media sites, or facilitated by or through our social media sites, are subject to the terms and conditions of the applicable social media site(s). Any information or content provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with FOLX Health.
Neither FOLX Health, the Affiliated Practices nor Providers shall be liable for any failure or delay in performance under this Agreement for causes beyond the party’s reasonable control, including, but not limited to, acts of government, flood, fire, civil unrest, acts of terror, pandemics and epidemics, strikes or other labor problems, or computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility.
If you have any questions or concerns about this Agreement, please contact our Help Center at https://support.folxhealth.com. We will attempt to respond to your questions or concerns promptly after we receive them.