**Last revised: July 14, 2024**
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites) owned and controlled by mensRxplus, Inc., including the www.mensRxplus.com website (the “Site”), as well as the services (“Services”) available to users through the Site. mensRxplus, Inc. (“mensRxplus”, “we,” “us,” and “our”) contracts with individual healthcare providers (“Providers”) regarding telehealth medical consultations. The professional medical services provided by Providers and the non-clinical Site services provided by mensRxplus are collectively referred to in these Terms of Use as the “Services”. The terms “you” and “your” mean you, your dependent(s) if any, and any other person accessing your mensRxplus Account.
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking “accept,” you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
**Binding Arbitration.** These Terms of Use provide that all disputes between you and menRxplus that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with menRxplus.
**1. Privacy Practices**
You agree that information provided by you in connection with the Services and Site shall be governed by the mensRxplus Privacy Policy, which is hereby incorporated and made a part of this Agreement.
**2. Services Provided – No Medical Care or Advice by mensRxplus**
mensRxplus does not provide medical advice or care. mensRxplus contracts with independent, licensed healthcare providers who provide clinical telehealth services. The Providers, and not mensRxplus, are responsible for the quality and appropriateness of the care they render to you.
The Providers are independent of mensRxplus, though they have a financial relationship. The Website allows access to schedule telemedicine encounters with you. Any information or advice received from a Provider comes from them alone, and not from mensRxplus. Your interactions with the Providers facilitated via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither mensRxplus, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. mensRxplus does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
mensRxplus does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by mensRxplus. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by mensRxplus, or in connection with any communications supported by mensRxplus, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While mensRxplus facilitates your selection of, and communications with, Providers, mensRxplus does not provide medical services, and the provider-patient relationship is between you and the Provider you select.
**3. Not for Emergencies**
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 911 IMMEDIATELY.
mensRxplus’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 911 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or medication.
**4. Risks of Telehealth Services**
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical or health care decision-making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of privacy of your health information.
**5. Prescription Policy**
Neither mensRxplus nor Providers endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, they will limit supply based upon state regulations and will only prescribe a medication as determined in their own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA-controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. mensRxplus fully honors patient freedom of choice, and if you receive a prescription for a medication, you always have the option to instruct mensRxplus to transmit that prescription to the pharmacy of your choice.
**6. Not an Insurance Product**
mensRxplus and Providers are not insurers. The Services are not insurance products, and the amounts you pay to mensRxplus or Providers are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
**7. Availability of Services**
mensRxplus and its associated telemedicine 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.
**8. Scheduling Services**
mensRxplus provides links to schedule services with Providers. mensRxplus does not sell any products directly, nor does it collect any personal financial information such as credit cards or bank account information. Payments for scheduled telemedicine services are handled by the scheduling and payment software Healow (healow, LLC) and the respective Providers and the Providers administrative staff. Payments for affiliate companies are handled through their own payment systems.
**Affiliate Links:** The Site may contain links to third-party websites or services where you can purchase products. These third-party websites are not controlled by mensRxplus, and we are not responsible for the content, privacy policies, or practices of any third-party websites. If you access a third-party website through our Site, you do so at your own risk. Any purchases made through these third-party websites are between you and the third party, and mensRxplus does not collect or store any payment information provided to these third parties. mensRxplus may receive financial payment from third party companies when affiliate links are used.
**Risk of Loss:** All Products purchased from third-party websites are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier. mensRxplus is not involved in the selection of shipment carrier or the delivery itself.
**Return Policy:** Returns and refunds for Products purchased through third-party websites are subject to the return policies of the respective third-party websites.
**9. Eligibility; Site Access, Security, and Restrictions; Passwords**
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully provide your state of primary residence when scheduling an encounter, and email address if subscribing to our website updates. Your access to the Site may be revoked by mensRxplus at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. mensRxplus will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
10 Ownership of The Site and Related Materials; Additional Restrictions
All pages within this Site and any material made available for download are the property of mensRxplus, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
Subject to these Terms of Use and the payment of all applicable fees, mensRxplus grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by mensRxplus or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of mensRxplus. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of mensRxplus without express written consent. You may not use any meta tags or any other “hidden text” utilizing mensRxplus’s name or trademarks without the express written consent of mensRxplus. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by mensRxplus. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of mensRxplus without our express written consent.
10. Accuracy of Information; Functionality, and Incorrect Pricing
Although mensRxplus attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties Information contained on the Site may be changed or updated without notice. Additionally, mensRxplus shall have no responsibility or liability for information or content posted to the Site from any non-mensRxplus affiliated third party. In the event a Product or Service is listed at an incorrect price due to typographical error or error in current data, mensRxplus is not responsible for ensuring the price for the Service or Product. At all times the price of the Service Or Product will be governed by the prices on the third party website or Service scheduling site. . In the event that an inaccuracy arises, please inform mensRxplus so that it can be corrected.
11. Links to Other Sites
mensRxplus makes no representations whatsoever about any other website that you may access through this Site. When you access a non-mensRxplus site, please understand that it is independent from mensRxplus, and that mensRxplus has no control over the content on that website. In addition, a link to a non-mensRxplus website does not mean that mensRxplus endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
13. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
mensRxplus respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to legal@mensRxplus.com.
14. Supplemental Terms Applicable to Providers
These supplemental terms apply to Providers in addition the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
To be a healthcare provider using the Site (for purposes of this Section 20, “Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by MD Integrations, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the mensRxplus users is directly between you and the patient. The patient will never have a physician-patient relationship with mensRxplus. mensRxplus does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers.
mensRxplus does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and mensRxplus agree that mensRxplus is not providing, to Customer or anyone else, medical advice or legal advice.
Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases mensRxplus and waives any and all potential claims against mensRxplus as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold mensRxplus harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against mensRxplus, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain mensRxplus’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of mensRxplus or defect in the Site or Services. mensRxplus will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to mensRxplus or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to mensRxplus that you have the legal right and authorization to upload Provider content to the medical EMR or sent to mensRxplus personal to be utilized in providing Services. mensRxplus shall have a royalty-free, irrevocable, transferable right and license to use the Provider content however mensRxplus desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider created content and/or incorporate such Provider created content into any form, medium, or technology throughout the world. menRxplus is and shall be under no obligation: (i) to maintain any Provider created content in confidence; (ii) to pay to you any compensation for any Provider created content; or (iii) to respond to any Provider created content.
You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider created content. You are and shall remain solely responsible for the content of any Provider created content you utilize in performing patient Services or provide to patients or other consumers. mensRxplus and its affiliates take no responsibility and assume no liability for any Provider created content submitted by you or any third party.
15. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including without limitation, Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and mensRxplus agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including without limitation, Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and mensRxplus are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and mensRxplus.
If you desire to assert a claim against mensRxplus, and you therefore elect to seek arbitration, you must first send to mensRxplus, by certified mail, a written notice of your claim (“Notice”). The Notice to mensRxplus should be addressed to: mensRxplus, Inc., Attn: Legal Dept., 2300 Riverside Dr, Green Bay, WI 54301 (“Notice Address”). If mensRxplus desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by mensRxplus, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If mensRxplus and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or mensRxplus may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by mensRxplus or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after mensRxplus receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of these Terms of Use, including, but not limited to, this arbitration agreement. Unless mensRxplus and you agree otherwise, any arbitration hearings will take place in Green Bay, WI. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of mensRxplus’s last written settlement offer made before an arbitrator was selected (or if mensRxplus did not make a settlement offer before an arbitrator was selected), then mensRxplus will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND mensRxplus AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and mensRxplus agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If the arbitration terms and conditions of this Section 15 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Green Bay, WI.
Severability If any provision of this Dispute Resolution; Arbitration Agreement section is found to be unenforceable, the remaining provisions will remain in effect.
Survival This Dispute Resolution; Arbitration Agreement section shall survive any termination of your use of the Services.
16. Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
17. Indemnification
You agree to defend, indemnify, and hold harmless mensRxplus, associated Service Providers, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to mensRxplus, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
Copyright/Trademark Information. Copyright ©2024 mensRxplus Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.