Terms of Service

Medura Health and its affiliates (collectively, "Medura Health," "we," "us," or "our") own and operate the websites located at https://medurahealth.com (collectively, the "Sites"). The Sites facilitate the provision of Services, including: (i) health care and wellness information; (ii) pharmacy services; (iii) health care records development and management; (iv) administrative support for scheduling and payments; and (v) telecommunications support for access to health care providers provided by affiliated professional entities.

These Terms of Use describe your rights and responsibilities regarding the Medura Health Sites. Your access and use of the Sites is subject to these Terms of Use, our Privacy Policy at https://medurahealth.com, and all applicable laws. If you disagree with these Terms of Use, discontinue use of the Sites. Your continued use after any changes constitutes acceptance of those changes.

Availability

Certain Services are only available to individuals located in certain states.

Eligibility

To qualify to use the Services:

You are age 18 or over.

You are located in a State Where We Operate.

You agree to be legally bound by these Terms of Use.

Satisfying the above requirements does not guarantee that you will receive Services through Medura Health.

Requirements for Use

You must have compatible devices, Internet access, and the necessary software to use the Sites. Fees may apply.

Special Consent to Telehealth Services

Telemedicine involves the delivery of health care services using electronic communications between a health care provider and a patient who are not in the same physical location. This may include:

Electronic transmission of medical records and personal health information.

Interactions via audio, video, and/or data communications.

Use of output data from medical devices, sound, and video files.

Please see our Consent to Telehealth for a description of the risks and benefits of telemedicine, which is incorporated into these Terms of Use by reference.

Privacy Policy

Medura Health understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy at https://medurahealth.com for details on how we collect and use your personal information. The Privacy Policy is incorporated into these Terms of Use by reference.

Your Relationship with Medura Health

Medura Health does not provide medical services. Rather, Medura Health provides a technology platform for you to access health care providers employed or contracted with affiliated professional entities. The health and wellness resources available through our Services are not a substitute for direct in-person health care services in all cases. You understand that by consulting with an affiliated health care provider through the Services, you are not entering into a provider-patient relationship with Medura Health.

By accepting these Terms of Use, you consent to Medura Health, its affiliates, or health care providers sending you disclosures, notices, messages, and other communications. You will not hold Medura Health liable for any loss or injury resulting from your failure to read these communications or comply with any treatment recommendations.

Communications by Text Message and Email

By opting in to receive SMS messages from Medura Health, you consent to receiving text messages regarding your account and use of the Sites and Services, including order confirmations, shipping notifications, and promotional messages where you have opted in. You are responsible for all messaging and data charges. You can opt out at any time by texting "STOP." Text messages and emails are not encrypted. If you have concerns, contact us at support@medurahealth.com.

Consultative Service

Health care providers consulting with you through the Services may not have the benefit of information obtained through an in-person examination. Medura Health strongly encourages you to provide all relevant information and discuss all diagnoses and treatment options with your health care provider. By engaging the Services, you acknowledge and agree that: (i) any diagnosis may be limited or provisional; (ii) the services are not intended to replace a full medical evaluation in all cases; (iii) a health care provider may not have information usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the provider's ability to diagnose your condition.

Site Content

Except for specific communications from affiliated health care providers, none of the Content on the Sites should be considered medical advice.

Registration and User Accounts

You must register with Medura Health to access the Services. You agree to provide accurate and complete information and to maintain and update it as necessary. Notify Medura Health immediately of any unauthorized use of your account by emailing support@medurahealth.com. You are responsible for all activities under your account and must keep your password confidential. You may not share your password or create more than one account.

Jailbreaking the Mobile Operating System

Using the App on a mobile phone with a modified operating system may compromise your protected health information and constitutes a material breach of these Terms of Use.

Access Rights and Prohibited Use

We grant you a personal, limited, revocable, non-exclusive, and nontransferable right to use the Sites solely for personal and non-commercial use. You agree not to: (a) impersonate any person or entity; (b) violate any law; (c) reverse engineer any software; (d) distribute viruses or harmful code; (e) infringe any intellectual property rights; (f) commercially exploit the Sites or Services; (g) create competing products or services; (h) damage or impair the Sites; (i) gain unauthorized access to our systems; (j) circumvent any security measures; (k) remove any proprietary notices; (l) copy or reproduce any content for unauthorized purposes; or (m) encourage others to do any of the foregoing.

Ownership of Information Submitted via the Sites

Except for personal data maintained under our Privacy Policy, any information you provide to Medura Health through the Sites will be treated as non-confidential and non-proprietary and will become the property of Medura Health and/or its affiliated professional entities. Such information may be used for any purpose, including reproduction, disclosure, transmission, and posting.

Ownership of Site Content

Medura Health is the sole and exclusive owner of all right, title, and interest in and to the Sites and their content, features, and functionality, including all intellectual property rights. You may not reproduce, distribute, modify, or exploit any material on the Sites except as permitted by these Terms of Use.

Trademarks

The name "Medura Health" and all related names, marks, logos, and trade names are the exclusive property of Medura Health and may not be used, reproduced, or referenced without the express written permission of Medura Health. Certain names, logos, and other materials displayed on the Sites may constitute trademarks or service marks of Medura Health or its affiliates. You are not authorized to use any such marks without the express written permission of Medura Health.

Links to Third-Party Websites

The Sites may contain links to third-party websites. Medura Health is not responsible for the content of any linked sites, and the inclusion of any link does not imply endorsement. Your use of linked sites is at your own risk.

Termination

These Terms of Use remain in effect as long as you access or use the Sites. Medura Health may terminate or suspend your access at any time without prior notice. Upon termination, Medura Health will have no further obligation to provide the Services except as required by applicable legal or ethical obligations.

Disclaimer of Warranties

YOUR USE OF THE SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. MEDURA HEALTH AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, ACCURACY OF DATA, OR FREEDOM FROM VIRUSES OR MALWARE. MEDURA HEALTH MAKES NO WARRANTY THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DEFECT, CYBER ATTACK, OR SECURITY INTRUSION. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITES AND SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH THE SITES.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDURA HEALTH, ITS RELATED PERSONS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, DATA, SERVICE INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES OR SERVICES, EVEN IF MEDURA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Medura Health, its affiliates, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, and agents from and against any claims, damages, settlements, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your unauthorized use of the Sites, fraud, violation of law, willful misconduct, or any breach of these Terms of Use.

Modifications to the Sites

Medura Health reserves the right to modify, suspend, or discontinue the Sites or Services at any time without notice and without liability to you or any third party.

Pharmacy Services

If you receive a prescription through the Services, you may select Medura or one of our partner pharmacies (the "Medura Health Pharmacy Network") to ship your prescription. You consent to Medura Health sharing your information with the Medura Health Pharmacy Network to facilitate pharmacy services. Medication shipped through the Medura Health Pharmacy Network will not be shipped in child-resistant packaging and must be kept out of the reach of children.

Payment

You agree to pay all fees due for services requested. By entering your payment information, you authorize Medura Health or its third-party payment processors to charge the amount due. Medura Health and/or health care providers have no obligation to provide services until full payment has been received and verified.

Special Notice to Medicare and Medicaid Beneficiaries

Federal and state health care programs such as Medicare and Medicaid do not currently pay for the medical services or products available through the Services. By using the Services, you agree that you will pay directly for any medical services and products provided to you, and that Medura Health will not bill any federal or state health care program on your behalf.

Force Majeure

Medura Health shall not be liable for any failure or delay in performance of its obligations under these Terms of Use arising out of or caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortage of transportation, fuel, energy, labor, or materials, or any changes in applicable laws or regulations. In the event of such circumstances, Medura Health's obligations will be suspended for the duration of the delay.

Governing Law; Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MEDURA HEALTH TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

These Terms of Use shall be governed by the laws of the State of Delaware. Any dispute arising under these Terms of Use will be resolved exclusively by final and binding arbitration in New York, New York, under the rules of the American Arbitration Association, except that either party may bring claims related to intellectual property rights in any court of competent jurisdiction.

Class Action Waiver

YOU AND MEDURA HEALTH 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Medura Health agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of the arbitration section shall be null and void.

No Waiver

No waiver by Medura Health of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

No Agency Relationship

These Terms of Use do not create any partnership, joint venture, employment, or agency relationship between Medura Health and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies

Any violation of these Terms of Use constitutes an unlawful and unfair business practice that will cause Medura Health irreparable harm. Medura Health may seek injunctive or equitable relief in addition to any other remedies available at law or in equity.

Assignment

You may not assign any of your rights under these Terms of Use. Medura Health may transfer all contractual rights and obligations pursuant to these Terms of Use if some or all of its business is transferred to another entity by way of merger, sale of assets, or otherwise.

Severability

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it will be severed from these Terms of Use. The remaining provisions will continue in full force and effect and will not be affected by the invalid, illegal, or unenforceable provision.

FAQ for Telehealth

Who are the doctors behind Medura's telehealth services? Medura partners with Arora Health & Aesthetics, a physician-led provider group with licensed physicians across all 50 states. All telehealth consultations are conducted by board-certified medical professionals.



Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices or agreements published by Medura Health on the Sites, constitute the entire agreement between you and Medura Health concerning your use of the Sites and Services. These Terms of Use supersede all prior agreements, representations, warranties, and understandings between you and Medura Health with respect to the subject matter hereof.

FTC Compliance

Medura Health is committed to full compliance with the Federal Trade Commission's guidelines and regulations, including but not limited to truthful advertising, proper disclosure of material connections, and prohibition of deceptive or unfair business practices. All testimonials, endorsements, and marketing materials published by Medura Health reflect the honest opinions and experiences of those providing them and are not intended to represent or guarantee that anyone will achieve the same or similar results. Individual results may vary.

Legal Notices

All legal notices to Medura Health must be submitted in writing and delivered to our designated legal contact at:

Medura Health, Attn: Legal 7345 S. Durango Dr. #107-337 Las Vegas, NV 89113 support@medurahealth.com

Legal notices sent by any other means or to any other address will not be considered valid. Medura Health will send legal notices to you at the email address or mailing address associated with your account.

Digital Millennium Copyright Act

Medura Health complies with the Digital Millennium Copyright Act ("DMCA") and responds to clear notices of alleged copyright infringement. To file a notification, contact our Designated Agent at:

7345 South Durango Drive, 107-337, Las Vegas, NV 89113 support@medurahealth.com

Your notification must include: (a) an electronic or physical signature of the authorized person; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the infringing content and its location on our Sites; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a signed statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

Asynchronous Telemedicine Informed Consent

Thank you for choosing Medura Health! By clicking "I Agree," you acknowledge that you have read and understand the terms below and give your informed consent to participate in asynchronous telemedicine.

What is Telemedicine? Telemedicine is the delivery of healthcare services through electronic communication technologies when you and your healthcare practitioner are not in the same location. Medura Health allows you to receive treatment without traveling or scheduling a separate appointment.

What is Asynchronous Telemedicine? Asynchronous telemedicine involves submitting and collecting data at different times, including text-based interactions via SMS/MMS and secure patient questionnaires.

Possible Risks:

Delays in evaluation or treatment due to equipment or Internet failures.

Security protocol failures are causing a breach of privacy.

An incomplete medical history may result in adverse treatment outcomes.

Asynchronous telemedicine is NOT emergency services. If you are experiencing a medical emergency, CALL 911 IMMEDIATELY.

Your Rights and Acknowledgements:

You have the same privacy rights via asynchronous telemedicine as during an in-person visit.

No results can be guaranteed or assured.

All information submitted will be part of your medical record.

You may withdraw your consent at any time by emailing support@medurahealth.com.

Your healthcare information may be shared when required by court order, to report suspected abuse or neglect, or to prevent a serious threat to health or safety.

Call/Email/Text Messaging Consent: You consent to allow Medura Health or its healthcare practitioners to call, email, or text you regarding your telemedicine encounters. You may revoke this consent at any time by emailing support@medurahealth.com. This Asynchronous Telemedicine Informed Consent is valid during your entire treatment with Medura Health.

If you have any questions, please contact us at: Email: support@medurahealth.com Phone: (702) 718-5578 Mail: Medura Health, 7345 S. Durango Dr. #107-337, Las Vegas, NV 89113

This is the complete final version with every change applied. I'd still recommend having a licensed attorney review it before publishing, as I'm not a lawyer and this is a health-related business with specific regulatory exposure.