We understand the importance of confidentiality and privacy regarding your information. Please refer to our Privacy Policy for information regarding how we collect, use, and disclose information about you.
Introduction
Investor Health LLC owns and operates InvestorHealth.com (the “Site”). Your use of the Site, any part thereof, or anything associated therewith, including the services, features, content, and applications, together with the Site, are the Investor Health Services (“Services”) offered by Investor Health LLC (“Investor Health”) and its affiliated Medical Groups and Providers (as defined below). Any products or services provided through the Site or any affiliated website, software, or application owned or operated by or in collaboration with Investor Health LLC are governed by these Terms of Use (“Terms” or “Terms of Use”). By accessing or using any of the Services, you agree to be bound by these Terms.
Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you (“you”), and Investor Health LLC. These Terms of Use and the other terms and policies referred to herein govern your access to and use of the Site and Services. Even though you may have arrived at the Site or Services through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms of Use are entered into between you and Investor Health LLC. You agree that by accessing the Site or Services, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE AND THE OTHER TERMS AND POLICIES REFERRED TO HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date. It is your responsibility to periodically review these Terms. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.
Requirements for Use
You must have compatible computing and/or mobile devices, access to the internet, and certain necessary software to use the Site. Fees and data charges may apply to your use of the Site and the internet.
Your Relationship with Investor Health
Investor Health LLC does not provide any medical services, including via the Site. The Services may include access to one or more professional medical organizations, including those within the Investor Health network (“Medical Groups”), who provide healthcare services (“Healthcare Services”) through the Site. These Medical Groups employ or contract with licensed medical providers and other clinicians (“Providers”) who offer certain Healthcare Services via the Site. All Providers who deliver Healthcare Services through the Site are (1) independent practitioners contracted or employed with affiliated Medical Groups that coordinate with Investor Health LLC, and (2) solely responsible for the Healthcare Services you receive.
Accessing the Site does not create any patient-provider relationship. The Site is structured for use specific to certain Healthcare Services and should not be considered, or used, as comprehensive medical advice, care, diagnosis, or treatment. In some cases, the Services may not be the most appropriate way for you to communicate with or seek medical care from a healthcare provider. Your Provider may determine that your diagnosis or treatment requires an in-person office visit or otherwise cannot be appropriately addressed through the Services.
INVESTOR HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE PROVIDERS OR MEDICAL GROUPS.
To the extent the Services you seek require care by a licensed provider, all Healthcare Service consultations are provided by a Provider licensed in the state where you, the patient, are located, and are delivered via a secure platform that complies with the privacy and security standards established by the Health Insurance Portability and Accountability Act (“HIPAA”). Providers may provide diagnoses and prescribe medication, if clinically appropriate, including both commercially available and compounded medications.
Independent Medical Judgment
Investor Health LLC is not licensed to practice medicine and does not provide any healthcare service. Investor Health LLC does not control or interfere with the provision of Healthcare Services provided by any Provider or their affiliated Medical Groups, each of whom is independent from Investor Health LLC and solely responsible for the healthcare service you receive. You understand and agree that after reviewing your information, the Provider, in their independent professional judgment, will determine whether to prescribe medication, other treatments, or alternatively recommend that you consult with alternative clinical resources.
Pharmacy Services
By accepting these Terms of Use, you understand and agree that Investor Health LLC is not acting as a pharmacy, nor does Investor Health LLC control or interfere with any such services. You may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group as part of the prescription fulfillment process.
Partner Pharmacies
State Coverage
Currently offering services in all 50 states plus Washington D.C. Some services may not be available in all 50 states or Washington D.C. Subject to change.
Compound Medication Disclosure
Compounded medications are not FDA-approved. They are prepared by state-licensed compounding pharmacies in accordance with applicable state and federal regulations. These medications are prescribed at the discretion of a licensed clinician based on individual patient evaluation. The safety and efficacy of compounded medications have not been evaluated by the FDA.
Electronic Communications
By accepting these Terms of Use, you agree and consent to Investor Health LLC sending you disclosures, notices, messages, reports, and other communications electronically. You agree that any notices, agreements, disclosures, or other communications that Investor Health LLC sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You acknowledge and agree that you will not hold Investor Health LLC or any Investor Health LLC affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or comply with any treatment recommendations contained therein.
Access Rights and Prohibited Use
The Site is hosted in the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
The Site is intended for users who are at least 18 years old or are able to independently consent to the requested Healthcare Services in their jurisdiction. Persons under the age of 18 are not permitted to use or register for the Site or Services.
Your Protected Health Information (“PHI”)
You understand and agree that the Site is intended to facilitate Healthcare Services by assisting with: (a) the development and gathering of healthcare records and information; (b) administrative support in connection with scheduling and payment for Healthcare Services; (c) administrative support in connection with coordinating fulfillment and payment for prescription medications; and (d) telecommunications and technology support for direct access to Providers.
Although Investor Health LLC is not a “Covered Entity” under HIPAA, Investor Health LLC gathers information from you to enable a Provider to provide Healthcare Services, including applicable health information (such as past and present health conditions, medications, and relevant biomarkers), diagnostic tests, and personal information (such as your name, location, and demographic information) (collectively, “Your Information”). This information may be medical information protected under applicable laws.
You give your consent to Investor Health LLC to send and disclose to the Medical Groups, their Providers, affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies Your Information as part of the coordination of Healthcare Services, prescription fulfillment, and diagnostic testing. The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Health Information. By accessing or using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).
Prohibited Activities
Investor Health LLC reserves the right to investigate, suspend and/or terminate your account if you misuse the Site or behave in a way that Investor Health LLC regards as inappropriate or unlawful. You shall not:
Impersonate any person or entity
Use the Site in an illegal manner or to commit an illegal act
Access the Site in a jurisdiction in which it is illegal or unauthorized
Use any robot, spider, or other automated device to retrieve, index, or “data mine” any content on the Site
Collect usernames and/or email addresses of users for the purpose of sending unsolicited email
Interfere with or disrupt the Site or the servers or networks connected to the Site
Transmit any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Site
User Representations
By using the Site, you represent, warrant, and covenant that: (1) all registration or account information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are at least 18 years old or otherwise able to independently consent to the receipt of the Healthcare Services requested in your jurisdiction; (5) you will not access the Site through automated or non-human means; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
Proprietary Rights
Investor Health LLC owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, or other proprietary information accessible through the Site without prior written consent from Investor Health LLC.
Disclaimers
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INVESTOR HEALTH PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INVESTOR HEALTH DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL INVESTOR HEALTH, ITS MEDICAL GROUPS AND PROVIDERS, BUSINESS CLIENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, OR DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS. INVESTOR HEALTH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INVESTOR HEALTH FOR THE SITE AND SERVICES DURING THE THREE MONTHS PRECEDING THE CLAIM. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Governing Law
This Agreement, and any dispute between you and Investor Health LLC, shall be governed by the laws of the State of Delaware without regard to principles of conflicts of law. Subject to the Dispute Resolution; Binding Arbitration; Class Action Waiver section below, any action permitted to be brought in court shall take place in the Court of Chancery, State of Delaware and you consent to said jurisdiction.
Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE DISPUTES HEARD BY A JURY.
Informal Resolution
Before initiating any formal proceeding, you agree to first contact Investor Health LLC in writing at support@investorhealth.com describing the nature of the dispute, the relief sought, and your contact information. Investor Health LLC will use reasonable efforts to resolve the matter informally. If the parties have not reached a resolution within thirty (30) days after the notice is received, either party may proceed with arbitration under this section.
Agreement to Arbitrate
You and Investor Health LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Services, or your relationship with Investor Health LLC — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arose before or after you accepted these Terms — shall be resolved exclusively through final and binding individual arbitration, and not in court. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Agreement to Arbitrate.
Arbitration Rules and Venue
The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect (the “JAMS Rules”), available at https://www.jamsadr.com. The arbitration will be conducted before a single neutral arbitrator. The seat of arbitration shall be Wilmington, Delaware; the parties may agree in writing to hold the hearing in another location or to conduct it by videoconference. The arbitrator’s award shall be final and binding, and judgment may be entered on the award in any court of competent jurisdiction.
CLASS ACTION AND REPRESENTATIVE PROCEEDING WAIVER: YOU AND INVESTOR HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
JURY TRIAL WAIVER: YOU AND INVESTOR HEALTH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE COVERED BY THIS SECTION.
Exceptions
Notwithstanding the foregoing, either party may: (a) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access, use, or disclosure of confidential information; and (b) bring an individual action in small claims court in a venue authorized under applicable law, provided the claim remains in that court and is not removed or appealed to a court of general jurisdiction.
Severability of this Section
If any portion of this Dispute Resolution section is found to be invalid or unenforceable, the invalid portion shall be severed and the remainder shall continue in full force and effect. However, if the Class Action and Representative Proceeding Waiver above is found unenforceable as to a particular claim, then that claim, and only that claim, shall be severed from arbitration and resolved in the courts identified in the Governing Law section.
Indemnity
You agree to indemnify and hold Investor Health LLC, its subsidiaries and affiliates, subcontractors and other clients, including the Medical Groups and Providers, and their respective officers, directors, agents, clients, employees, and volunteers, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement, any content that you submit through the Site, and the violation of any law or regulation by you.
Payments
You agree to pay all fees due for Services and Healthcare Services requested pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion.
By entering your payment information and submitting your request, you authorize Investor Health LLC, our affiliates, or our third-party payment processors to retain credit card information which will be kept on file to be used as a form of payment for fees incurred for services, medications, labs, and subscription charges.
Certain products or services offered on the Services may be offered on a subscription basis (“Subscription Services”). For Subscription Services, your payment method will be automatically charged at regular intervals as described during the checkout process. You may cancel a subscription at any time, and you will continue to have access to the Services through the end of your billing period. Please refer to our Cancellation and Refund Policy for complete details.
EXCEPT AS OTHERWISE SET FORTH IN OUR CANCELLATION AND REFUND POLICY, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES, ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Termination
These Terms of Use will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms of Use at any time by discontinuing use of the Services.
Investor Health LLC may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms of Use.
Entire Agreement
These Terms of Use, together with our Privacy Policy, Cancellation and Refund Policy, and any additional terms incorporated by reference, contain the entire agreement between you and Investor Health LLC regarding the use of the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Assignment
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Investor Health LLC may, in its sole discretion, assign or transfer this Agreement or any or all of its contractual rights and obligations to any affiliate of Investor Health LLC, or to a third-party in the event of a merger, sale of assets, or similar transaction.
Contact Us
If you have any questions about these Terms of Use, please contact us:
Email: support@investorhealth.com
Website: InvestorHealth.com/contact
Mailing Address: Investor Health LLC, 600 Lexington Avenue, New York, NY 10022