Terms and Conditions

INFINI PULSE’S SERVICES ARE NOT INTENDED TO AND DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN OR HEALTH CARE PROFESSIONAL. THESE SERVICES WILL NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.  IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. 

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY!!  THE TERMS OF USE FORM A LEGALLY BINDING CONTRACT AND SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES AND YOUR OBLIGATIONS.  

BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE.  IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

 

INTRODUCTION

INFINI PULSE, LLC and its respective affiliates (collectively, “INFINI PULSE,” “we ”, “us”, or “our”) own and operate the website located at infinipulse.com (the “Website,” and with any affiliated mobile application (“App”), the “Site”).  The Site is intended to facilitate the provision of the Services to registered users.  The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with pharmacy services; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (v) telecommunications support for using the Services as a means of direct access to health care providers provided by INFINI PULSE and similar affiliated professional entities for communication, consultation, assessment, and treatment by such health care organizations and their providers.

These terms and conditions (“Terms of Use”) describe your rights and responsibilities with respect to the INFINI PULSE Site that you may access in order to receive Services.  Your access to and use of the Site is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations.  In these Terms of Use, the terms “you” and “yours” refer to the person using the Services.  Even though you may have arrived to the Site through a website or mobile application operated or controlled by a third party, including by an affiliate of INFINI PULSE, you understand and agree that these Terms of Use are entered into between you and INFINI PULSE.  If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Site, Services, or any information or Content provided through the Site or Services. The Site and Services are continually under development, and INFINI PULSE reserves the right to review or remove any part of these Terms of Use in its sole and absolute discretion at any time and without prior notice to you.  You should check the Terms of Use from time to time when you use the Site or Services to determine if any changes have been made. Any change to these Terms of Use will be effective immediately upon posting to the Site. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Site and/or Services.  Your continued use after a change has been posted constitutes your acceptance of the changes.

 

AVAILABILITY

Some of our Services are currently only available to individuals located in certain states (“States Where We Operate”).

 

ELIGIBILITY

In order to access the Site and the Services, you represent and warrant that you are 18 years old or older. You agree to fully, accurately, and truthfully create your online user account, including but not limited to your name, mailing address, phone number, email address, and password, which become your INFINI PULSE ID and credentials. The INFINI PULSE ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your INFINI PULSE ID and/or credentials, and for all activities that occur under such INFINI PULSE ID and/or credentials. You agree to prohibit anyone else from using your INFINI PULSE ID and/or credentials and agree to immediately notify INFINI PULSE of any actual or suspected unauthorized use of your INFINI PULSE ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by INFINI PULSE at any time with or without cause.

 

REQUIREMENTS FOR USE

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Site.  Fees and charges may apply to your use of the mobile services and to the Internet.  You understand that you are solely responsible for any such fees and charges.

 

SPECIAL CONSENT TO TELEHEALTH SERVICES

Telemedicine involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a member who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or member education, and may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information or other data between a member and a healthcare provider;
  • Interactions between a member and healthcare provider via audio, video and/or data communications; and
  • Use of output data from medical devices, sound and video files.

 

The electronic systems used in providing the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

 

Possible Benefits of Telemedicine

  • Can be easier and more efficient for you to access medical care and treatment.
  • You can obtain medical care and treatment at times that are convenient for you.
  • You can interact with providers without the necessity of an in-office appointment.

 

Possible Risks of Telemedicine

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following:

  • Information transmitted to your provider(s) may not be sufficient to allow for appropriate medical decision making by the provider(s).
  • The inability of your provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you.
  • Your particular condition may not be appropriate for treatment via telemedicine and you may be required to seek alternative care.
  • Delays in medical evaluation/treatment could occur due to failures of the technology.
  • Security protocols or safeguards could fail causing a breach of privacy.
  • Given regulatory requirements in certain jurisdictions, your provider(s) treatment options, especially pertaining to certain prescriptions may be limited.

 

Special Consent to Telehealth Services Acknowledgement

By accepting these Terms of Use, you acknowledge your understanding and explicit agreement to this Special Consent to Telehealth Services section, including ALL of the following:

  • I have read this Special Consent to Telehealth Services section of the Terms of Use carefully, and I understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to me through INFINI PULSE’s platform by “Providers”.
  • I give my informed consent to the use of telemedicine by providers affiliated with INFINI PULSE.
  • I understand that the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in my medical care and treatment may include uses of technology not specifically described in this consent.
  • I understand that while the use of telemedicine may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.
  • I understand that “Provider” may determine in his or her sole discretion that my condition is not suitable for treatment using telemedicine, and that I may need to seek medical care and treatment in-person or from an alternative source.
  • I understand that the same confidentiality and privacy protections that apply to my other health care services also apply to these telemedicine services.
  • I understand that I have access to all of my health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations.
  • I understand that I can withhold or withdraw this consent at any time by emailing INFINI PULSE and informing them of my non-consent or withdrawal. Otherwise, this consent will be considered renewed upon each new telemedicine consultation with “Provider”.
  • I agree and authorize my health care provider to share information regarding the telemedicine exam with other individuals for treatment, payment and health care operations purposes.
  • I agree and authorize my health care provider to release information regarding the telemedicine exam to INFINI PULSE and its affiliates.

 

PRIVACY POLICY

INFINI PULSE understands the importance of confidentiality and privacy regarding your health information.  Please see our Privacy Policy available on the Site infinipulse.com/privacy-policy for a description of how we may collect and use your personal information, and how we may use or disclose medical information and how you may access that information.  The Privacy Policy and is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

 

YOUR RELATIONSHIP WITH INFINI PULSE

INFINI PULSE does not provide any medical services, including via the Site and Services.  Rather, INFINI PULSE provides a technology platform for you to access a health care provider contracted with INFINI PULSE or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness.  The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with an INFINI PULSE or affiliate health care provider through the Services, you are not entering into a provider-patient relationship with INFINI PULSE.

By accepting the Terms of Use, you agree and consent to INFINI PULSE, INFINI PULSE affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications.  It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any INFINI PULSE affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

 

CONSULTATIVE SERVICE

In some cases, an INFINI PULSE or affiliated health care provider may use the Services to provide advice or treatment to you.  A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance.  Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, INFINI PULSE strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider.  Moreover, a health care provider utilizing INFINI PULSE may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.

INFINI PULSE and its 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.

For more information regarding the health care services offered by health care providers utilizing the Services, please visit infinipulse.com.

 

SITE CONTENT

Except for specific communications received from INFINI PULSE or affiliate health care organizations and providers, none of the Content you receive through the Site should be considered medical advice.

 

ELIGIBILITY; ACCESS; SECURITY

In order to access the Site and the Services, you represent and warrant that you are 18 years old or older. You agree to fully, accurately, and truthfully create your INFINI PULSE account, including but not limited to your name, mailing address, phone number, email address, and password, which become your INFINI PULSE ID and credentials. The INFINI PULSE ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your INFINI PULSE ID and/or credentials, and for all activities that occur under such INFINI PULSE ID and/or credentials. You agree to prohibit anyone else from using your INFINI PULSE ID and/or credentials and agree to immediately notify INFINI PULSE of any actual or suspected unauthorized use of your INFINI PULSE ID and/or credentials or other security concerns of which you become aware. You are responsible for changing your password promptly if you think it has been compromised.  You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. INFINI PULSE explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.  You acknowledge and agree that: (1) all or any part of the Site may not be accessible at any time, for any period, or for any reason; and (2) INFINI PULSE will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

 

COMMUNICATIONS

E-mail: 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. INFINI PULSE and its affiliated providers may contact you by telephone, mail, or email to verify your Account information. INFINI PULSE 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.

 

Telephone:  By providing your phone number, you are agreeing to be contacted by or on behalf of INFINI PULSE at the number you have provided, including calls and text messages, to receive informational, Services-related (e.g., progress tracking, prescription fulfillment, appointment reminders, etc.) and marketing communications relating to the Site and Services. You can opt-out of receiving further calls and text messages from us by emailing us at [email protected] Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you.

 

‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM

The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system.  Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure.  As a result, you may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

 

ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Site in the States Where We Operate and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use and the Privacy Policy.  No other right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by INFINI PULSE or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site, Services or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to INFINI PULSE’s detriment or commercial disadvantage; (h) take any action or use the Site in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by INFINI PULSE or any of our service providers to protect our Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Site or any content made available to you on or through our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to INFINI PULSE or third-party content from the Site; (n) otherwise use the Site in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

 

OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITES

With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to INFINI PULSE on or through the Site or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of INFINI PULSE and/or (i) INFINI PULSE, (ii) similar affiliated professional entities, or (iii) individual health providers utilizing the Services.

Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting.  INFINI PULSE shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to INFINI PULSE via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by INFINI PULSE, INFINI PULSE may create derivative works of any such data, and INFINI PULSE may provide such data to our service providers, our successors and assigns in performance of their services; and (2) grant INFINI PULSE, our service providers, our successors and assigns, our affiliated health care providers, and their affiliated professional entities, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Site for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of INFINI PULSE using such data.

 

OWNERSHIP OF SITE CONTENT

As between INFINI PULSE and you, INFINI PULSE is the sole and exclusive owner of all right, title and interest in and to the Site and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you.  You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by INFINI PULSE or its licensors, including all intellectual property rights therein.  You may not access or use for any commercial purposes any part of the Site or Content.

 

TRADEMARKS

Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of INFINI PULSE or its affiliates.  You are not authorized to use any such Marks without the express written permission of INFINI PULSE.  Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

 

LINKS TO THIRD-PARTY WEBSITES OR CONTENT

The Site may contain hyperlinks or references to websites operated by third parties (“Linked Site”).  The Linked Site may not be under our control. Therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.  We are providing these Linked Site to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Site is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Site.

You may have arrived to the Site through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of INFINI PULSE.  You understand and agree that we are not responsible for the information, products or services described on those Linked Site and only these Terms of Use will apply to your use of or access to the Site.

 

TERMINATION

The Terms of Use will remain in full force and effect as long as you continue to access or use the Site or Services.  You may terminate the Terms of Use at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if you violate these Terms of Use.

INFINI PULSE may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Site or Services with or without prior notice, for any reason, and at any time.  The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, INFINI PULSE reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies.  After such termination, INFINI PULSE will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you.  You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold INFINI PULSE harmless from any and all liability that INFINI PULSE may incur therefore.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK.  YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  INFINI PULSE AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION.  WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER INFINI PULSE NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, INFINI PULSE DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND INFINI PULSE DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

 

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL INFINI PULSE, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OF DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES.  THIS IS TRUE EVEN IF INFINI PULSE OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless INFINI PULSE, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.

 

MODIFICATIONS TO THE SITES

INFINI PULSE reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Site or Services or any portion thereof, with or without notice.  You agree that INFINI PULSE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

 

PHARMACY SERVICES

INFINI PULSE does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication 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.

If you receive a prescription as a result of the Services, INFINI PULSE will select a pharmacy to fulfill your prescription based on certain criteria, including, but not limited to, your physical location, the location of the fulfilling pharmacy, availability of your prescription, and shipping limitations or restrictions.  You may request INFINI PULSE use a specific pharmacy to fulfill your prescription, and INFINI PULSE will make reasonable efforts to use your requested pharmacy. HOWEVER, INFINI PULSE does not guarantee that it will use your requested pharmacy.  At times prescription medications may be unavailable or back-ordered. If a prescribed medication is unavailable, an alternative medication or pharmacy may be offered.  Although INFINI PULSE will make reasonable efforts to prescribe readily available medications, INFINI PULSE cannot and does not guarantee the availability of any medication or prescription from any pharmacy. You give us consent to send and disclose to the selected pharmacy all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy 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.

 

PACKAGING AND FULFILLMENT RESTRICTIONS

Placing an order does not necessarily ensure that INFINI PULSE will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to 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 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.

INFINI PULSE does not guarantee that products or medications, if approved, will be shipped in child-resistant packaging, and you are responsible for maintaining the safety of your medication.  *It is your responsibility to secure all medications and keep them out of the reach of children.*

 

PAYMENT

You agree to pay all fees due for services requested.  You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have.  By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s).  Your payments to INFINI PULSE may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which INFINI PULSE collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by INFINI PULSE and you may be separately charged by the applicable health care providers for such services.  In the event that your credit card expires or INFINI PULSE, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. INFINI PULSE or the health care organization(s) or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.

 

SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES 

Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need.  If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings).  By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither INFINI PULSE nor any INFINI PULSE affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.

 

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND INFINI PULSE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM INFINI PULSE

These Terms of Use and your use of the Site shall be governed by the laws of the State of Arizona, without giving effect to the principles of conflict of laws.  Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Phoenix, Arizona 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 any court of competent jurisdiction.  The parties agree that the courts located in Phoenix, Arizona shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of these Terms of Use apply to the maximum extent permitted by law.  INFINI PULSE and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law.  The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any legal meaning and are of no force or effect.

 

NO WAIVER

No waiver by INFINI PULSE of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by INFINI PULSE to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

NO AGENCY RELATIONSHIP

Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you.  You may not enter into any contract on our behalf or bind us in any way.

 

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm.  You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

 

ASSIGNMENT

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void.  INFINI PULSE and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of INFINI PULSE is transferred to another entity by way of merger, sale of its assets or otherwise.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

INFINI PULSE reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. INFINI PULSE otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with INFINI PULSE

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to our Designated Agent at the following address:

Content Manager at [email protected].

Any notification to INFINI PULSE under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
  • An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • An identification of the content or material that you claim is infringing and where it is located on our Site;
  • Information sufficient for INFINI PULSE to contact you, such as your address, telephone number, and/or email address;
  • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.