Terms AND CONDITIONS

Terms of Use

DO NOT USE THESE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Dispute Resolution:

PLEASE BE AWARE THAT SECTION 14 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND ISAAC HEALTH. AMONG OTHER THINGS, SECTION 14 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

2GHealth Inc., DBA Isaac Health and/or its subsidiaries (collectively, “Isaac Health,” “we,” “us,” or “our”) owns and operates online products and services. These Terms and Conditions of Use (“Terms of Use”) govern your access and use of our Services (as defined below) and the website located at www.myisaachealth.com, any other U.S. websites on which we post these Terms of Use, affiliated Isaac Health mobile applications on which we post these Terms of Use, and the software and services enabled thereby (collectively, the “Platform”).

Please review these Terms of Use carefully. By accessing or using the Platform or using our Services, you accept and agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Platform or Services and you must promptly exit the Platform and stop using the Services.

In these Terms of Use, the terms “you” and “your” means you, as the user of the Services, your dependents if any, any other person accessing your User Account (as defined below), and each of your heirs, assigns, and successors.

IF YOU PURCHASE A SUBSCRIPTION SUCH AS FOR A PREVENTION PROGRAM (AS DEFINED IN THE SUBSCRIPTIONS SECTION BELOW) TO THE SERVICES AND/OR ANY MEDICAL SERVICES FOR A TERM (THE “INITIAL SUBSCRIPTION PERIOD”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION PERIOD AT THE THEN-CURRENT FEE FOR SUCH SERVICES AND/OR MEDICAL SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 5 BELOW.

These Terms of Use contains the following sections:

1. Description of Services and Medical Services.

The third-party medical services offered through the Platform (collectively, “Medical Services”) may include, without limitation

  • Telehealth services, including medical consultations, speech and cognitive therapy, and medication prescription (“Telehealth Services”), with licensed therapists, nurse practitioners or doctors, and other qualified health care providers that work with Isaac Health (“Providers”)
  • Memory training, nutrition and health coaching
  • Laboratory, phlebotomy, and medical imaging services
  • Regular monitoring of care and progress tracking offered by Providers

Medical Services available on the Platform are sold or offered by third-party medical groups, labs, phlebotomy services, imaging and radiology providers, electronic health record, or other third-party partners. The Platform provides you with access to one or more of the medical groups that employ or contract with Providers and provide Telehealth Services through the Platform, including, but not limited to, OPENLOOP HEALTHCARE PARTNERS, PC and ISAAC HEALTH FLORIDA PA (the “Medical Groups”). The Platform may also provide access to laboratory and diagnostic imaging services from Quest Diagnostics Clinical Laboratories, Inc., Labcorp Inc. Getlabs, Inc. and other third-party partners from time to time (the “Labs and Imaging Centers”).

Medical Services available on the Platform may change from time to time, and Isaac Health may choose to make new Medical Services available or suspend or discontinue the availability of some or all of the Medical Services through the Platform, in its sole discretion.

The services offered by Isaac Health through or enabled by the Platform (collectively, “Services”) may include, without limitation:

  • Self-guided cognitive health resources
  • Non-professional health coaching services
  • Scheduling for and virtual facilitation of Medical Services provided by the Medical Groups, Labs and Imaging Centers, and other third-party healthcare service providers
  • Access to third-party technology, such as a patient app for health records

The platform may also provide access to a patient app and portal to administer health records that is provided and maintained by Healthie Inc.

The Services may change from time to time, and Isaac Health may choose to add new Services or suspend or discontinue some or all of the Services, in its sole discretion

Your Relationship with Us.

Isaac Health does not provide Medical Services or other professional clinical services, including via the Platform. Isaac Health operates the technology platform and Services through which you can connect with Providers who render Telehealth Services, including the Medical Groups, and through which you receive other available Medical Services. The Providers matched through the Platform are engaged by the Medical Groups, not by Isaac Health, and the Medical Groups and their Providers use independent professional judgment in rendering Medical Services. Isaac Health solely provides non-professional health coaching as well as administrative, payment, technological and other supportive non-clinical services for the Medical Groups and Providers, but Isaac Health does not own or have any ownership interest in the Medical Groups and the Medical Groups do not own or have any ownership interest in Isaac Health. The Medical Groups and the Providers, and not Isaac Health, are responsible for the quality and appropriateness of the clinical treatment and care they render to you, whether on the Platform or otherwise, and any professional advice received from a Provider on our Platform comes from the Provider alone and not from Isaac Health.
You will be matched with available Providers based on the information you submit to the Platform and you will have the option to choose and/or switch Providers. The Medical Services you receive may vary depending on the Provider with whom you interact. Isaac Health does not participate in the interaction between you and Providers and does not have control over the quality, reliability, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers. You should contact your Provider directly for any questions regarding your care or your medical or other clinical treatment, and you can report a complaint relating to the care provided by a Provider by contacting the professional licensing board in the state where the care was received. Isaac Health does not recommend or endorse any specific Providers, tests, medications, products, or procedures, and shall not in any way be liable for any Medical Services or the treatment or other services or advice provided to you by a Provider. Your reliance on any Provider or information delivered by the Providers via the Platform is solely at your own risk and you assume full responsibility for all risks associated herewith.
By accepting these Terms of Use, you acknowledge and agree that Isaac Health is not a health care provider and that by using the Services (including without limitation by using the Services to schedule or access any Medical Services), you are not entering into a doctor-patient or other health care provider-patient relationship with Isaac Health. By using any Medical Services, you may, however, enter into a doctor-patient or other health care provider-patient relationship with the Medical Groups and/or one or more Providers. Further, you acknowledge and agree that we do not control or interfere with any professional service provided by the Labs and Imaging Centers, or any other third-party provider of any Medical Service, each of which is solely responsible for their provision of professional services rendered via or in connection with the Services.

Telehealth Services.

Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a health care provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The Telehealth Services are not intended to take the place of your relationship with your regular in-person health care practitioners or primary care physician.

To receive Telehealth Services, you must agree to the applicable Medical Group’s Telehealth Informed Consent, which provides a description of the risks and benefits of telehealth, and constitutes your voluntary authorization to the rendering of Telehealth Services by the Medical Groups and Providers on the Platform. The Vsee Telehealth Informed Consent and the Medical Groups’ informed consent forms, as applicable (the “Telehealth Informed Consent”) are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use. You agree that Isaac Health is a third-party beneficiary of the Telehealth Informed Consent and has the right to enforce it against you.

The Medical Groups and Providers have also adopted a Notice of Privacy Practices describing their collection and use of your health information. By accessing or using any part of the Medical Services, you are acknowledging receipt of the Notice of Privacy Practices from the applicable Medical Group(s) and Provider(s).

Where appropriate, the Medical Groups and/or your Provider(s) may also request your cooperation in obtaining records from your other health care providers to assist in providing the best care for you (this may include signing a release and/or authorization to speak to all other health care providers that you see). They may further request your cooperation in involving trusted parties as nominated by you in your care, including the sharing of information relating to your health. You acknowledge and agree that any such agreement is between you and such Medical Group and/or Provider, and that Isaac Health is not a party to any such agreement and shall have no liability to you or any third party with respect to the same.

The Services are not for emergencies.

IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

Isaac Health’s Platform and Services, including the Telehealth Services and other Medical Services enabled thereby, are not for medical or other clinical emergencies or urgent situations. You should not disregard or delay seeking medical or other clinical advice based on anything that appears or does not appear on the Platform. 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 care physician and other health care professionals as recommended.

Always seek the advice of a physician or other qualified health care provider concerning questions you have regarding a medical or other health condition and before stopping, starting, or modifying any treatment or medication.

Please be aware the Services, including the Telehealth Services, any other Medical Services, and the delivery of any medication prescribed through or in connection with your use of the Services, will stop being provided at the termination of your Subscription or Services. In recognition of the Telehealth Services being supplemental to any other clinical care you receive, you acknowledge and agree that your primary care physician and other treating providers are in a position to provide ongoing care to you upon termination of care with Isaac Health and that you will contact your provider(s) to receive care, as needed, following such termination.

The Services are not an insurance product.

The Services are not health insurance or a substitute for health insurance, and the amounts you pay for Services on the Platform are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.

Other Platform Content.

Outside of health care advice you receive directly from a Provider, the content of the Platform provided as part of the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute medical or other professional clinical advice, diagnosis, treatment, or recommendations of any kind by Isaac Health. All information provided by Isaac Health, or in connection with any communications supported by Isaac Health (including resources from the cognitive therapy exercise library, articles and blog posts published on Isaac Health’s website and other general health care-related information and self-guided resources), is intended to be for general information purposes only, and is in no way intended to create a health care provider-patient relationship.

2. Eligibility and Platform Requirements.

No Users Under 18 Years Old.

Only users eighteen (18) years of age or older and who have accepted these Terms of Use may access the Platform or Services. By visiting, accessing, registering with or using the Platform, or by purchasing or using any Services or Medical Services through the Platform, you represent and warrant to Isaac Health that you are a natural person and of 18 years of age or older. If you are under the age of 18, please do not attempt to access the Platform, register for our Services, or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, subject to applicable laws, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at admin@myIsaacHealth.com.

Your Device Functionality.

You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Services. Isaac Health does not guarantee that the Platform or any portions thereof or services enabled thereby will function on or in connection with any particular device, software, operating system, carrier, or network. Isaac Health will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system. All rate and data fees of your device’s carrier apply to your use of the Platform and Services and Isaac Health is in no way responsible for your carrier rates and data fees, where applicable.

3. User Account.

Registration.

To access the Services, you must first create a personal user account with Isaac Health through the Healthie Platform (“User Account”). To create a User Account, you must accept and agree to both the Isaac Health Terms of Use and the Healthie Terms of Use, as may be updated from time to time. You may be required to satisfy certain conditions precedent imposed by Isaac Health (including, for example, providing additional information to Isaac Health, and entering into additional agreements with Isaac Health and/or its third-party affiliates). You may only have one (1) User Account. A User Account is not transferable between individuals.

User Account Activity and Responsibility

You agree that all information you submit to create your User Account, including but not limited to your name, date of birth, address, phone number, and email address, shall be truthful, accurate, and complete, and you shall maintain accuracy and completeness of the information associated with your User Account. You will be required to select a password to access your User Account. Your User Account is personal to you, and you are solely responsible for maintaining the confidentiality of the credentials to access your User Account, and you are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account, including keeping your login credentials secret to only yourself. Please contact admin@myIsaacHealth.com immediately if you suspect that another individual or third party has gained access to your User Account

Refusal of Services on Fraud.

Isaac Health may, but does not assume the obligation, to request further information from you to provide the Services. If you do not timely provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform and the Services until you provide the information to us as requested. Without limitation, Isaac Health may refuse to provide its Services to you, cancel your Subscription or deactivate your User Account for any reason in Isaac Health’s sole discretion, including where we suspect fraud or illegal activity. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription and subsequent supply of medication by a local pharmacy.

Account Deactivation.

You may deactivate your User Account by contacting admin@myIsaacHealth.com. Without limiting the survival of certain provisions in these Terms of Use, the Terms of Use shall continue to applyto our relationship with you unless you deactivate your User Account in accordance with these Terms of Use. For clarity, canceling a Subscription will not operate to deactivate your User Account or the Terms of Use governing your User Account.

4. Payments and Recurring Billing.

Your Payment Information.

Isaac Health will charge any fees associated with your User Account and, to the extent applicable, those fees not covered by your insurance to your credit card or debit card on file with Isaac Health, as identified in your User Account, in accordance with these Terms of Use. Receipts for payments will be emailed to you and can be accessed through your User Account. You represent and warrant that (i) the credit card or debit card information you provide to Isaac Health is true, correct and complete, and (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card. You will promptly notify Isaac Health if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent). By providing us updated payment information, you authorize us to continue to charge your card using the updated information so that you can continue to receive your any Services purchased on a subscription basis or other Services. 

Subscriptions and Recurring Payments.

Some Services [and Medical Services] are paid for on a subscription basis (“Subscription Services”). If you purchase a subscription to any Subscription Services (a “Subscription”), with the exception of any free trial periods, Isaac Health will charge you a Subscription fee at the rate presented to you at the time you purchase such Subscription (“Subscription Fee”). The Subscription gives you access to the Subscription Services for the period selected on the Platform (“Subscription Period”). Unless otherwise stated when you sign up for a Subscription, at the expiration of the Subscription Period, your Subscription will automatically renew for a further Subscription Period at the then-current Subscription Fee (including any applicable taxes) and will continue to do so unless (i) we are either no longer offering that Subscription Service, in which case we will notify you, or (ii) your Subscription has been canceled in accordance with these Terms of Use. 

You will be billed a Subscription Fee at the start of your Initial Subscription Period (i.e., when you register, enter your payment method and pay the initial Subscription Fee), and again at the start of each subsequent Subscription Period. By signing up for a Subscription, you agree to pay your Subscription Fee in full each Subscription Period and you authorize your payment method on file to be billed automatically each Subscription Period by Isaac Health’s third-party payment processor for each Subscription Period, regardless of whether or not you have used the Subscription Services during any Subscription Period, until your Subscription ends or is canceled. If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the applicable Subscription Services. You will be responsible for paying all past due amounts. You acknowledge that billing may not occur on the exact same date of each month.

Other Fee

You agree to pay all other fees and charges associated with your User Account that are not covered by your health insurance or included in the Subscription Fee, including, for example and without limitation, appointment no-show fees, cancellation fees or late rescheduling fees, cost of prescribed medication and refills, costs of blood taking at home, medical interpretation, certain laboratory tests, co-pays, co-insurance and deductibles (collectively, “Other Fees”), on a timely basis and according to the terms and the rates presented to you. By using any Services or Medical Services subject to such Other Fees, you authorize us to bill and charge your payment method on file for such Other Fees in full (payment processing details described in Third-Party Payment Processor section below).

Other Fees include, without limitation, a late cancellation fee for any missed or cancelled appointments not made at least 24 hours in advance prior to the scheduled appointment time. Late cancellation or missed appointments fees can be found at this link: www.myisaachealth.com/cancellationfees.

If you default on your account, you may be subject to finance and/or legal fees in addition to the total account balance.

Trials and Promotional Fees.

Isaac Health may periodically offer discounts to its Services in the form of free trial periods or promotional fees. The terms of those discounts will be stated at the time you sign up or when you purchase a specific Service or product. If your Subscription includes a free trial, you will not be charged the applicable Subscription Fee during your free trial. To obtain the free trial, you will be required to provide a credit card or other payment method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your Subscription will automatically convert into a paid Subscription and your payment method will be charged the applicable Subscription Fee unless you have canceled your Subscription prior to expiration of the free trial. If your Subscription includes a promotional fee, you will be charged the promotional fee for the relevant number of billing periods and upon completion of that period, your Subscription will continue to automatically renew at the then-standard full, non-promotional rate. You may cancel your Subscription during your free trial or promotional period to avoid being charged the full applicable Subscription Fee in accordance with Section 5 (Cancellations and Refunds).

We may impose limitations on your access to or eligibility for any free trial or promotional fee offer. If your Subscription is ever cancelled or terminated for any reason, and you purchase an additional subscription, you may not be eligible for a free trial or to take advantage of another promotional fee offer with respect to such Subscription.

Insurance.

If you have health insurance, your insurance plan may cover all or a portion of your use of our Services or Medical Services enabled through the Platform, including costs associated with the Telehealth Services, prescribed medication, and/or laboratory products and services provided by the Labs and Imaging Centers. Subject to the terms of any written agreement between Isaac Health and the insurance plan, if you provide information about your health insurance to us, that will be deemed your authorization for Isaac Health, the Medical Groups, pharmacies, the Labs and/or one of their affiliates or partners to submit claims and bill for the applicable Services or Medical Services on your behalf and share necessary information with the insurance plan to process payments and reimbursements. Isaac Health and the Medical Groups are not enrolled with state health care programs such as Medicaid.

If Isaac Health is in-network with your insurance plan, you may be eligible to pay a reduced Subscription Fee at the rates published on the Platform (the “In-Network Subscription Fee”), or you may be eligible for a basic services Subscription with no out-of-pocket Subscription Fee (a “Basic Services Subscription”). The In-Network Subscription Fee and any Basic Services Subscription does not include the cost of any co-pays for visits with Providers, co-pays for prescribed medication (including refills), certain laboratory tests ordered by a Provider, or co-insurance or deductibles, which will vary depending on your insurance plan and may be billed separately. You are also responsible for any Other Fees incurred that are not charged on a Subscription model (e.g., appointment no-show fees). The In-Network Subscription Fee, if applicable, and any co-pays, co-insurance, deductibles or Other Fees are your responsibility, not that of your insurance plan, even if Isaac Health is considered in-network. 

Your insurance policy is a contract between you and your insurance plan, and it is your responsibility to know your benefits, including if your insurance has any deductible, co-payment, co-insurance, out-of-network, usual and customary limit, prior authorization requirements or any other type of benefit limitation for the Services and/or Medical Services you receive, and how your benefits will apply to your payments. If you purchase Services and/or Medical Services with your insurance plan, you authorize Isaac Health or one of its affiliates or third-party partners, including the Medical Groups and Labs, to charge your payment method on file for the In-Network Subscription Fee, if applicable, and any fees not covered by your insurance, such as co-pays, co-insurance, deductibles, and Other Fees. If all or any portion of the Services or Medical Services purchased by you are not covered or paid by your insurance plan for any reason, or if you do not have health insurance, you understand and agree that you will be ultimately responsible for all fees and costs arising out of your use of such Services and/or Medical Services and agree to pay the full amount of all Subscription Fees and Other Fees associated with your User Account. Questions about non-payment should be directed to your insurance plan. You agree to inform Isaac Health or your Provider immediately if you lose your health insurance and/or can no longer pay for treatment.

Changes to Subscription Fees, Other Fees or Subscription Features.

All fees published on the Platform are set by Isaac Health in its sole discretion and we may change our fees from time to time. Isaac Health will send notice of upcoming automatic renewal prior to renewing your Subscription as required by law. We may change the Subscription terms, Subscription Fees or Other Fees at any time on a going forward basis in our discretion. If the pricing for your Subscription increases, we will notify you, and provide you an opportunity to change or cancel your Subscription before applying those changes to your User Account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from any Subscription Services. Your continued enrollment in your Subscription after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue your Subscription at the revised rates and/or terms, you must let Isaac Health know prior to the end of your then current Subscription Period in accordance with Section 5 (Cancellations and Refunds) (so that at the end of that Subscription Period, your Subscription will end); otherwise, the revised rate and/or terms will apply on and from the start of the next Subscription Period and you agree that your payment method will be charged accordingly.

Third-Party Payment Processor.

All credit card, debit card and other monetary transactions on or through the Platform occur through an online payment processing application that is provided by a third-party payment processor(s). Isaac Health itself does not collect or store payment card information. If our third-party payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Isaac Health may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your User Account or Services.

Waiver of Claims and Unauthorized Payments.

You agree to waive all claims against Isaac Health and its third-party affiliates, including Isaac Health’s third-party payment processor(s), related to any unauthorized payments made on or through the use of your User Account outside of Isaac Health’s control, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Isaac Health so that Isaac Health can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Isaac Health will assist in correcting the alleged unauthorized payment, provided that such claim is received by Isaac Health within thirty (30) days of the disputed charge or payment. 

5. Cancellations and Refunds.

Canceling Subscription.

When you cancel a Subscription, you cancel only future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your then-current Subscription Period. Please email admin@myisaachealth.com no later than by 9 A.M. US Eastern Time the business day before the Subscription Period end date to cancel your Subscription. If we do not receive your notice of cancellation before this time, Isaac Health reserves the right to charge you for the next Subscription Period and/or cancel your Subscription in the following Subscription Period. 

Except as otherwise stated herein or required by applicable law, no refunds will be provided for a partial Subscription Period, but you will continue to have access to the Subscription Services until the next billing cycle. Notwithstanding any other terms, Isaac Health reserves the right to cancel your Subscription in its entirety at any time and for any reason, with or without prior notice. In the event that Isaac Health exercises its right to cancel a Subscription, it will refund the current Subscription Period’s Subscription Fee as required by law.

Once you cancel your Subscription, your access to and use of the applicable Subscription Services will continue to the end of your then current Subscription Period and thereafter end, but you will continue to have access to certain information maintained within your User Account, such as personal health information. Please note that all Subscription Services will end once cancellation of the applicable Subscription takes effect. You should talk to your Provider before discontinuing your medication or treatment. Abruptly stopping certain medications can impact your health.

Services and/or Medical Services that are paid on a per use or per Service basis (e.g., single visits with a Provider not part of a Subscription) may be reschedulable but are not cancellable after purchase.

Refunds.

All purchases are final and all fees, including Subscription Fees, are non-refundable once paid regardless of whether the purchased Services or Medical Services are utilized, except as prohibited by applicable law. However, you may cancel a Subscription at any time in accordance with Section 5 (Cancellations and Refunds). We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future

6. Prescription Terms and Pharmacy Services.

You will not be able to obtain a prescription medication unless you have completed a consultation with one of the licensed Providers through the Platform, the Provider has determined the prescription is appropriate for you, and the Provider has written a prescription.

Isaac Health does not endorse any specific Provider, medication, pharmacy, pharmacologic product, or therapy. There is no guarantee a prescription will be written by using any Medical Services. If a Provider prescribes a medication, the Provider will limit supply based upon applicable regulations and will only prescribe a medication as determined in the Provider’s own discretion and professional judgment. Providers may also deny care for actual or suspected misuse of the Services or Medical Services for prescriptions.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. All prescription medications are provided subject to all warnings, limitations, and restrictions published or provided by the medication’s manufacturer. You agree to fully and carefully read all provided product information and labels and to contact your Provider, or another physician or pharmacist, if you have any questions regarding the prescription. You acknowledge and understand that your use or misuse of prescription medications obtained through or in connection with our Platform or Medical Services may result in undesirable or unexpected consequences. Isaac Health does not accept any liability for the consequences arising from the application, use, or misuse of any prescription medications made available through or in connection with the Platform or Medical Services, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the prescription products. As stated above, Isaac Health is not a health care provider. The Medical Groups and the Providers, and not Isaac Health, are responsible for the quality and appropriateness of the clinical treatment and care they render to you on the Platform, and any professional advice received from a Provider on our Platform comes from the Provider alone and not from Isaac Health.

Controlled Substances Terms.

In certain situations, your Provider may deem that it is medically appropriate to prescribe a controlled substance as part of your treatment plan. In general, these medications are highly addictive and must be taken only as prescribed by your Provider. The Medical Groups and Providers are required to provide care in accordance with applicable law and consistent with the prevailing standards of medical practice and follow evidence-based clinical guidelines but make no assurances or guarantees as to the results of treatment.

7. Laboratory and Imaging Products and Services.

Certain laboratory and imaging products and services that are available through or in connection with your use of the Platform, including at-home testing kits and in-person testing services (“Lab or Imaging Tests”), require a valid order by a licensed Provider. You will not be able to obtain Lab or Imaging Tests unless a Provider has determined that the Lab or Imaging Test is appropriate for you and the Provider has prescribed or ordered the Lab or Imaging Test. These Lab or Imaging Tests offered through the Platform can only be ordered and fulfilled through the Labs or Imaging Centers. If you receive Lab or Imaging Tests from a Lab or Imaging Center through the Platform, you may be required to go to an in-person location of the applicable Lab or Imaging Center to be tested or at-home testing materials will be shipped to you by the applicable Lab. In certain cases, regularly scheduled Lab or Imaging Tests are required in order to properly and safely manage your treatment plan. The Labs and Imaging Centers, and not Isaac Health, are responsible for the quality and appropriateness of the Lab or Imaging Tests and the related services that they render to you, including those rendered through the Platform.

8. Intellectual Property.

Intellectual Property.

With the exception of your User Materials (as defined below), Isaac Health and its licensors (including without limitation the Medical Groups and the Labs and Imaging Centers) retain all right, title, and interest in and to the Platform, the Services and any information, content, files, document, text, photographs, images, audio, videos, reviews, products, documentation, software, or other materials available on or through the Platform and Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing. For clarity, use, reproduction, copying, or redistribution of Isaac Health trademarks, service marks, and logos or those of Isaac Health’s third-party licensors are strictly prohibited without the prior written permission of Isaac Health or the licensor, as applicable. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow. 

Subject to your compliance with these Terms of Use (including timely paying any Subscription Fees and Other Fees associated with your User Account), Isaac Health grants you a limited, non-exclusive, personal, revocable, non-transferable and non-sub-licensable right and license to access the Platform and use any paid-for Services for the duration of your Subscription or while your User Account is active, as applicable. All rights not expressly granted to you in these Terms of Use are reserved and retained by Isaac Health or its licensors, suppliers, publishers, rights holders, or other content providers. Other than User Materials (which you own), neither the Platform and Services, nor any part of the Platform and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Isaac Health. 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 Isaac Health without express written consent of Isaac Health. You may not use any meta tags or any other “hidden text” utilizing Isaac Health’s name or trademarks without the express written consent of Isaac Health. The content of the Platform, 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 Platform may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Isaac Health. 

User Materials.

All names, photographs, information, communications and any other content that you submit to or publish on or through the Platform, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Platform or your User Account, including any medical information you provide via Platform, if any and as applicable, is referred to in these Terms of Use as the “User Materials.” You own and are responsible for all User Materials and grant Isaac Health and its related third parties involved in providing you the Services a worldwide, transferable, sub-licensable, irrevocable, perpetual license to use the User Materials, to the extent permitted by law, in order to provide the Services or as otherwise permitted in our Privacy Policy. You agree not to provide any User Materials that (a) are false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contain or transmit a virus or any other harmful component. Isaac Health may, but does not assume the obligation to, monitor and/or delete any User Materials that it deems in its sole discretion to be in violation of the foregoing sentence. You represent and warrant that you have the legal right and authorization to provide all User Materials to Isaac Health, and if relevant, its related third parties, for the purposes described in these Terms of Use and our Privacy Policy. 

Feedback

Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Platform or Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Isaac Health and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your User Account, these Terms of Use, or the Platform or Services.

9. Communications.

Consent to Electronic Communications.

By opting in to use Isaac Health’s Platform and Services, you affirmatively consent to conduct business electronically with Isaac Health and 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. 

Consent to Receive Calls and Text Messages.

By providing your mobile number, sending Isaac Health an initial text, or otherwise opting-in to receive telephonic communications from Isaac Health, you are agreeing to be contacted by or on behalf of Isaac Health at the mobile number you have provided, including calls and text messages, regarding your User Account and use of the Platform and Services. These text messages or calls may be automated and may include information about your treatment plan, appointment reminders, order confirmations, shipping notifications, messages from your Provider, and other transactional messages. You may also sign up to receive promotional and marketing calls and text messages. You are not required to consent to promotional and marketing calls and text messages as a condition of purchase. You may update your notification preferences from Isaac Health at any time by going through your User Account. By consenting to receive Isaac Health text messages, you represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

Isaac Health does not charge you for our text message program. But if you enroll in text messages from Isaac Health, you understand and agree that: (1) you will be responsible for any message and data rates that may apply for any messages sent to you from Isaac Health and to Isaac Health from you, (2) message frequency may vary, and (3) neither Isaac Health, nor your or Isaac Health’s mobile carriers, are liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. 

We may send you one or more welcome messages or administrative messages, such as (in some cases), a request to confirm your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our Services (e.g. if you communicate with us through SMS, or if you send a HELP request).

Our text messages are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular text message program you join may be limited to specific carriers.

You can opt out of marketing text messages from Isaac Health at any time by texting the word “STOP” to a text message from Isaac Health. After you send the text message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from Isaac Health unless and until you re-consent to receiving text messages again. You also understand and agree that we have provided you with reasonable methods of opting out, and that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Please be advised that if you opt out of marketing text messages, Isaac Health may still send you transactional text messages about your User Account or use of the Platform and Services.

Please note that if you withdraw your consent to receive text messages, some Platform features and certain Services may no longer be available to you and you may not receive important and helpful information and reminders about your Services. 

If you are experiencing issues with Isaac Health’s text messaging program, you can text the word “HELP” to a text message from Isaac Health for more assistance, or you can get help directly by texting (332) 239-2900, calling (888) 818-2059 or sending an email to admin@myisaachealth.com.

Sensitive Communications.

You understand that while Isaac Health takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Isaac Health outside of Isaac Health’s Platform (including off-Platform communications with Providers) are not encrypted, which means that it is possible they may be intercepted by third parties. Do not send any health or other sensitive information to IsaacHealth, the Medical Groups, your Provider, the Labs, the Imaging Center, or any other Third Party by text message or email. If you choose to send or receive information about your health or any other sensitive information by text message or email outside of Isaac Health’s Platform, you do so at your own risk. By opting into text messages, you consent to sending text messages to Isaac Health, and receiving text messages from or on behalf of Isaac Health, that are not encrypted. Likewise, by emailing Isaac Health or giving Isaac Health your email, you consent to receiving unencrypted emails messages from or on behalf of Isaac Health.

10. Rules and Prohibitions.

You understand that you may lose your right to access and use the Services and Medical Services if you do not abide by these Terms of Use.

In addition to other prohibitions in these Terms of Use, the following conduct is prohibited on the Platform and Services:

  • impersonating or misrepresenting your identity or your affiliation with a person or entity;
  • creating more than one User Account, or forging or manipulating headers or identifiers to disguise the origin of any content transmitted through the Platform;
  • allowing any unauthorized person to access your User Account or to receive Services or Medical Services;
  • harassing, threatening, abusing, defaming, demeaning, discriminating against, intimidating or exhibiting other harmful or disrespectful behavior toward Providers or staff of Isaac Health and relevant third parties providing Services or Medical Services to you, or disrupting the care of other patients, as we determine in our sole discretion;
  • obtaining prescriptions from multiple prescribers without each prescriber’s (including your Provider(s)) knowledge of the other prescriptions (also known as “doctor shopping”); 
  • accessing the Platform or using the Services, Medical Services, medications or other products available through the Platform and Services, in any unlawful way or for any unlawful purpose (including in violation of United States export laws concerning the transmission of technical data and regulated materials via the Internet);
  • using any software, program, process, device, application or routine (e.g. robots, scripts, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere, tamper, hack, spoof, modify or otherwise corrupt the administration, security or proper functioning of the Platform or any servers which may host the Platform;
  • accessing data not intended for you or logging onto a server or a User Account which you are not authorized to access;
  • posting or transmitting any data, materials, content, or information (including, without limitation, advice, and recommendations) which contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Platform or the Services, personal information, software, equipment, servers, or facilitate or promote hacking or similar conduct;
  • attempting to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Platform; 
  • running any antivirus or antispyware software that is set to override the internet browser’s cookies setting; 
  • in any way infringing, misappropriating or otherwise violating any copyrights, trade secrets, or other rights of Isaac Health or any third party;
  • incorrectly identifying the sender of any message transmitted to Isaac Health or altering the attribution or origin of electronic mail, messages, or posting; 
  • violating the privacy rights of any person, including harvesting or collecting personal information or personal health information about any other individual who uses the Platform, the Services, or any Medical Services;
  • transmitting, or procuring the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • otherwise using the Services in any manner that exceeds the scope of use granted herein; and/or
  • attempting to indirectly undertake any of the foregoing or encouraging or enabling any other individuals to do or attempt any of the foregoing. 

Your User Account may be terminated for any of the above infractions. You agree to defend, indemnify, and hold harmless Isaac Health and its Related Parties (as defined below) from and against all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Materials you upload to or transmit through the Platform or any breach of the Terms of Use, including this Section 10. Violations of applicable laws and system or network security may result in civil or criminal liability. Isaac Health may 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. 

11. Availability of Services and Export Compliance.

Isaac Health operates subject to state and federal regulations, and not all Services and/or Medical Services offered through the Platform may be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services and/or Medical Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform or the Services is limited exclusively to users located in states within the United States where the Services and applicable Medical Services are available as identified on the Platform. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

You further acknowledge that the Services and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that Isaac Health makes available (collectively “Excluded Data”) are subject to the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories currently including, but not limited to, Cuba, the Crimea region of the Ukraine, Sudan, Iran, North Korea and Syria (“Trade Restrictions”). You represent and warrant that you are not: (i) located in an embargoed country or territory, (ii) under the control of an entity organized in or a resident of an embargoed country or territory, (iii) listed on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, including, but not limited to, OFAC’s List of Specially Designated Nationals and Other Blocked Persons, the U.S. State Department’s Nonproliferation Sanctions lists, the U.S. Commerce Department’s Entity List or Denied Persons List located at https://www.trade.gov/consolidated-screening-list; or (iv) subject to end destination export control regulations, such as, but not limited to, the U.S. Export Administration Regulations and U.S. Government EU Dual-Use Regulation EC 428/2009. You are solely responsible for complying with Trade Restrictions for all Excluded Data and any of its content transmitted through the Services.

12. Disclaimers of Warranties; Limitation of Liability; Release; Indemnification.

Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE PLATFORM AND ANY SERVICES OR MEDICAL SERVICES ENABLED THEREBY IS VOLUNTARY AND AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ISAAC HEALTH AND EACH OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, AND THE LABS AND IMAGING CENTERS, DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, AND ANY CONTENT, INFORMATION, PRODUCT, SERVICE OR OTHER MATERIALS PROVIDED ON OR THROUGH THE PLATFORM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. ISAAC HEALTH DOES NOT WARRANT THAT THE PLATFORM WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY.

ISAAC HEALTH DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES, ANY SPECIFIC TREATMENT WILL BE PROVIDED TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR PLATFORM OR SERVICES, INCLUDING MEDICATIONS, MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. TO THE FULLEST EXTENT OF APPLICABLE LAW, ISAAC HEALTH, THE MEDICAL GROUPS, THE PROVIDERS, AND ANY OF ITS AND THEIR RESPECTIVE AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS (INCLUDING MEDICATION) OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO MEDICATION.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROVIDERS, LABS AND IMAGING CENTERS, OR OTHER USERS OF THE PLATFORM. ISAAC HEALTH SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION THE ISAAC HEALTH MEDICAL GROUPS, LABS AND IMAGING CENTERS, OR THE PROVIDERS.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, ISAAC HEALTH AND ANY OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, AND ANY OF ISAAC HEALTH’S AND SUCH THIRD PARTIES’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES, CONTRACTORS, OR LICENSEES (COLLECTIVELY, THE “RELATED PARTIES”), ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE PLATFORM, PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, INCLUDING ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THE THIRD PARTIES (AS DEFINED HEREIN), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THE PLATFORM OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ISAAC HEALTH, THE THIRD PARTIES OR ISAAC HEALTH’S AND THE THIRD PARTIES’ RELATED PARTIES TO YOU WITH RESPECT TO YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE PLATFORM OR SERVICES IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OR RELEASES.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH ACTION OCCURRED. .

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Release.

You hereby release and hold harmless Isaac Health, the Medical Groups, and their Related Parties from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Platform or Services and products offered or provided on or through the Platform or Services and/or the rights and privileges granted or conveyed by you under these Terms of Use (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing).

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence. 

Indemnification.

You agree to indemnify, defend, and hold harmless Isaac Health, the Third Parties (as defined herein) offering products or services through the Services, including the Medical Groups, the Providers, and its and their Related Parties from and against any claim, actions, proceedings, demands, damages, losses, liabilities, settlements, costs and expenses, including, without limitation, reasonable legal and accounting fees and litigation expenses (“Claims”), resulting or arising from, or alleged to result or arise from, (i) your violation of these Terms of Use or the Privacy Policy, (ii) your use or misuse of the Platform, Services, products or features available through the Platform and Services, or any information posted on the Platform; (iii) your fraud, misrepresentations, violation of law, negligence or willful misconduct; (iv) the content or subject matter of any User Materials or other information you provide to Isaac Health, the Third Parties or any customer service agent; (v) any text messages or other communications that you initiate to other Users or to third parties through our Services; or (vi) your infringement of third party intellectual property rights or privacy rights.

13. Modification, Suspension, or Termination of Platform, Services, or User Accounts.

Termination or Suspension of Platform, Services, or User Accounts.

Isaac Health has the right to suspend or terminate the function or existence of all or any part of the Platform and/or your User Account at any time, and without notice as it deems advisable, including where you violate these Terms of Use, as required by law, or due to security or welfare concerns. To the extent permitted by applicable law, Isaac Health shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. If Isaac Health has previously prohibited you from accessing or using the Platform, you are not permitted to access the Platform or its Services.

Survival.

The provisions of these Terms of Use which by their nature are intended to survive termination or expiration hereof shall survive, including, without limitation, Section 4 (Payments and Recurring Billing); Section 6 (Prescription Terms and Pharmacy Services); Section 8 (Intellectual Property); Section 9 (Communications); Section 12 (Disclaimer of Warranties; Limitation of Liability; Release; Indemnification); Section 13 (Modification, Suspension, or Termination of Platform, Services, or User Accounts); Section 14 (Dispute Resolution); Section 15 (Third-Party Services); and Section 16 (General Terms).

Changes to the Platform and Services.

All information contained on the Platform, including descriptions, images, references, features, content, specifications, products, and prices of any products or Services offered by Isaac Health or its related third parties on or through the Platform, are subject to change at any time and without notice to you (but you are at all times entitled to your rights under Section 5 (Cancellations and Refunds) if you are unhappy with such changes).

14. Dispute Resolution.

PLEASE READ THIS SECTION 14 (THE “ARBITRATION AGREEMENT”) CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We will try to work in good faith to resolve any issue you have with the Platform and Services 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. If you have a dispute with us, you agree to resolve such dispute on an individual basis in accordance with the provisions set forth below.

Applicability of Arbitration Agreement

Subject to the terms of this Arbitration Agreement, you and Isaac Health agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the Isaac Health Site, any Communications you receive, any products sold or distributed through the Isaac Health Site, the Services, or the Terms and prior versions of the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Isaac Health may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Isaac Health may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms. 

Informal Dispute Resolution.

There might be instances when a Dispute arises between you and Isaac Health. If that occurs, Isaac Health is committed to working with you to reach a reasonable resolution. You and Isaac Health agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Isaac Health therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Isaac Health that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to admin@myisaachealth.com or regular mail to our offices located at 2GHealth Inc., 204 Spring Street, New York, NY 10012. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

Waiver of Jury Trial.

YOU AND ISAAC HEALTH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Isaac Health are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief.

YOU AND Isaac Health AGREE THAT, EXCEPT AS SPECIFIED IN the Subsection entitled “Batch Arbitration”, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, 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 the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Isaac Health agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Isaac Health from participating in a class-wide settlement of claims.

Rules and Forum

The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Isaac Health agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 

Unless you and Isaac Health otherwise agree, or the Batch Arbitration process discussed in the subsection entitled “Batch Arbitration” is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. 

You and Isaac Health agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

Arbitrator.

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under the subsection entitled “Batch Arbitration” is triggered, the AAA will appoint the arbitrator for each batch

Authority of Arbitrator.

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Isaac Health need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, you and Isaac Health agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Isaac Health by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Isaac Health. You and Isaac Health agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

30-Day Right to Opt Out.

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 2GHealth Inc., 204 Spring Street, New York, NY 10012, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Isaac Health account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Invalidity, Expiration

Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Isaac Health as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Modification.

Notwithstanding any provision in these Terms to the contrary, we agree that if Isaac Health makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Isaac Health at 2GHealth Inc., 204 Spring Street, New York, NY 10012, your continued use of the Isaac Health Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Isaac Health Site, any Communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Isaac Health will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

15. Third-Party Services.

Parties other than Isaac Health, including but not limited to the Medical Groups and Providers, the Labs and Imaging Centers, and payment processors, provide services or sell products through the Services, including without limitation Medical Services (collectively, “Third Parties”), and Isaac Health may also make available to you certain Medical Services and other services, products, content or resources provided, manufactured, distributed or sold by Third Parties (“Third-Party Goods and Services”), including links to and advertisements related to Third-Party Goods and Services. Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions (including without limitation any terms applicable to Medical Services), are solely between you and such Third Parties. Any use of third-party software explicitly integrated in connection with the Services, or any Third-Party Goods and Services, will be governed by the applicable Third Party’s license or terms of use, if any, including under an Annex to these Terms of Use, and if there is no such license or terms of use, by these Terms of Use. In addition to these Terms of Use, your use of the Platform and Services must comply with all applicable third-party terms of agreement, if any. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services. 

You agree that Isaac Health shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other user or any other entity or individual, you understand and agree that Isaac Health is under no obligation to become involved in such dispute, and you hereby release and indemnify Isaac Health and its Related Parties (as defined below), from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. 

16. General Terms.

Governing Law.

These Terms of Use shall be governed in all respects by the internal substantive laws of the State of New York, without regard to its conflict of laws principles.

Force Majeure.

You understand and acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of Isaac Health’s control, and thus Isaac Health will not be responsible for any delays, failures, or damages associated with the Platform which result from any system delays, downtimes, interruptions or other failures of or problems with the Platform which are outside of Isaac Health’s control. We will not be deemed to be in breach of or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, acts of governmental authorities and changes in federal, state or local laws and regulations applicable to the provision of Services, including Telehealth Services, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or another disaster.

Amendments to Terms of Use.

Except as provided in the Dispute Resolution provision in Section 14, Isaac Health may revise these Terms of Use from time to time, with or without notice to you. If we determine a revision to the Terms of Use, in our sole discretion, is material, we will notify you as required by law. These changes will be posted on this or a similar page of the Platform. By continuing to access or use our Platform or Services after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read these Terms of Use periodically.

Severability and Entire Agreement.

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Isaac Health and you pertaining to the subject matter hereof.

No Waiver.

No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Isaac Health’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

Assignment.

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Isaac Health’s prior written consent. Isaac Health may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of your and Isaac Health’s heirs, successors, and permitted assignees.

No Third Party Rights

By accepting these Terms of Use, you acknowledge and agree that any Services or Medical Services you receive from the Medical Groups, the Providers, or the Labs and Imaging Centers through the Platform are also subject to these Terms of Use, and that the Medical Groups, the Providers, and the Labs and Imaging Centers are third-party beneficiaries of these Terms of Use. Otherwise, unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in these Terms of Use, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms of Use. 

Contact Us.

Please direct any questions you may have about the Platform, Services or these Terms of Use to any one of the following:

The foregoing contact information may change from time-to-time by supplementation, amendment or modification of these Terms of Use.

Annex: Additional Third Party Terms