TELEHEALTH PRO TERMS OF SERVICE

    Effective Date: August 7, 2026

    USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

    We encourage You to read these Terms of Service to understand the terms, agreements, policies that apply to You when You use our Site and Services.

    Research and Development Company, LLC, a Colorado limited liability company dba Telehealth Pro (the “Telehealth Pro,” “it,” “its”) provides its services (described below) to you (“You”) through its website www.telehealthprofessional.com (the “Site”), and through its telehealth platform, mobile application, and related services, content, tools, widgets, software, API(s), and other service, data, or information supplied to You by Telehealth Pro (collectively, including any new features and application and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).

    This agreement is the user agreement (the “Agreement”) for Your use of the Telehealth Pro Site and Services. This Agreement describes the terms, conditions, and policies applicable to Your use of any Telehealth Pro Services available under the domain and sub-domains of the Site. If You do not agree to be bound by the terms, conditions, and policies of this Agreement, do not access the Site or use the Services. As discussed below, Telehealth Pro reserves the right, in its sole discretion, to change or modify portions of these Terms of Service at any time. Your continued use of the Services after the date any such changes become effective constitutes Your acceptance of the new Terms of Service.

    In addition, when using certain Services, You may be subject to any additional terms and conditions applicable to You as a Telehealth Pro user, including, without limitation, the Privacy Policy located at Privacy Policy (“Privacy Policy”). You must read, agree to, and accept all terms and conditions contained in this Agreement and the Privacy Policy, including those expressly set out below and those incorporated by reference, before You may use the Site.

    PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU MAY HAVE AGAINST TELEHEALTH PRO TO BINDING AND FINAL ARBITRATION, AND FURTHER 1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TELEHEALTH PRO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, 2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND 3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST TELEHEALTH PRO RESOLVED BY A JURY OR IN A COURT OF LAW. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF SERVICE, PLEASE DO NOT USE THESE SERVICES.

    1. SERVICES

    Services Description: Telehealth Pro is a platform that facilitates the marketing and sales of health care services by health care providers (“Provider”) to patients, including You (“Patient(s)”) searching for health care services and Providers thereof, prescription services as described herein, and the scheduling of and payment for health care services by You (the “Platform”).

    Modifications to the Service(s): Telehealth Pro may, from time to time, add new features to the Services, substitute a new service for one of the existing Services, make modifications to one or any part of the existing Services, discontinue or suspend one or any part of the existing Services, temporarily or permanently, with or without notice. You agree that Telehealth Pro will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services.

    Medical Care and Advice Disclaimer: Telehealth Pro offers a Platform for Patients and their Providers to connect via the Site using synchronous and asynchronous telecommunications technologies. The Platform facilitates communication between Patients and Providers. Telehealth Pro does not provide medical care or advice. Providers in the Platform, and not Telehealth Pro, provide clinical telehealth services. Providers are not contracted or employed by Telehealth Pro.

    YOU ACKNOWLEDGE AND AGREE THAT TELEHEALTH PRO DOES NOT PROVIDE ANY MEDICAL SERVICES NOR MEDICAL ADVICE AND DOES NOT INTERFERE WITH OR MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

    NO HEALTH CARE PROVIDER-PATIENT RELATIONSHIP IS CREATED WITH TELEHEALTH PRO WHEN YOU USE THE SERVICES. TELEHEALTH PRO IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER THIRD-PARTY INFORMATION, SITE, PRODUCT, OR SERVICES THAT YOU PURCHASE OR ACCESS THROUGH THE SITE.

    Pharmacy Disclaimer: TELEHEALTH PRO IS NOT A PHARMACY NOR DOES IT PERFORM PHARMACY SERVICES, INCLUDING ADVICE ON PRESCRIPTION MEDICATION. YOU ACKNOWLEDGE THAT FOR ANY ADVICE OR QUESTIONS RELATED TO MEDICATION, YOU WILL CONTACT YOUR PHARMACIST OR HEALTHCARE PROVIDER.

    Prescription Services: As part of the Services, Your Provider may prescribe prescription medications. Medication is prescribed at the discretion of the Provider and only if medically necessary. Telehealth Pro makes no guarantees that You will get a prescription. You agree that prescriptions are for Your personal use. You also agree to read all the information and labels that accompany Your prescription(s) and to contact a pharmacist or Your healthcare provider with questions. Please note that Providers on this Site do not prescribe controlled substances, abortifacients, or medications used for the purpose of gender transition or gender transition maintenance.

    Artificial Intelligence:

    To improve efficiency and accuracy, the Platform and participating healthcare Providers may use artificial intelligence ("AI") technologies to assist with administrative and documentation functions, including transcribing conversations, generating draft clinical notes, preparing visit summaries, organizing medical information, and supporting clinical documentation.

    AI is used solely as an assistive documentation tool. AI does not independently diagnose medical conditions, recommend treatment, prescribe medications, or replace the professional medical judgment of Your Provider. Every AI-assisted clinical note or summary is reviewed and approved by Your Provider before it becomes part of Your medical record.

    Where AI tools process your Protected Health Information or other personal information on Telehealth Pro’s behalf, Telehealth Pro requires those service providers to maintain appropriate contractual confidentiality obligations and security safeguards consistent with applicable law, including HIPAA, where applicable.

    Telehealth Pro does not use Your personally identifiable information (“Personal Information”) or Protected Health Information (“PHI”), as defined by HIPAA to train publicly available or unrestricted artificial intelligence models without any authorization required by applicable law. Telehealth Pro may use information that has been de-identified or aggregated in accordance with applicable law to improve the Site and Services, enhance documentation quality, conduct analytics, and support product development. By using the Platform, You acknowledge that AI-assisted documentation technologies may be used as described in this Policy to support Your healthcare experience while recognizing that Your healthcare Provider remains solely responsible for all medical decisions and the contents of Your medical record.

    2. PROVIDERS AND PROVIDER LISTS

    No Provider Endorsement, Recommendation, or Duty to Investigate: The inclusion of any health care provider on the Site shall not be considered as an endorsement of such health care provider by Telehealth Pro. Telehealth Pro:

    • does not employ, refer to, recommend, or endorse any Providers;
    • does not control the actions of any Providers;
    • does not make any representations or warranties with respect to the quality of the services Providers may provide;
    • is not responsible for ensuring that information (including credentials) a Provider provides about himself or herself is accurate or up-to-date;
    • is not responsible for making sure that Providers’ services are actually provided to You or are up to a certain standard of quality; and
    • does not receive any additional fees from Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to “Sponsored Results” as described below).

    You acknowledge that the list of Providers listed on the Service may not be a complete list of every Provider within the specified specialty category or specified distance of the address specified and may not be updated on a regular basis even if Telehealth Pro has been advised of incorrect or incomplete information. While Telehealth Pro take commercially reasonable steps to ensure the information contained about a particular Providers is accurate and complete, Telehealth Pro relies on information reported by Providers, which might not be accurate, complete, or updated on a regular basis. Telehealth Pro is not responsible for content or services descriptions from Providers.

    Telehealth Pro contracts Verisys, a third-party industry leader in healthcare compliance, to verify and monitor Providers’ licensures and certifications. This shall not in any way mean that Telehealth Pro has conducted any due diligence or other investigation on its own regarding the Providers. Notwithstanding any contained herein to the contrary, Telehealth Pro may take certain limited steps to 1) verify that Providers participating in the Services hold certain active licenses, certifications, or registrations required by law to practice and provide the services offered by them through the Services, and 2) verify that Providers are not listed in the U.S. Department of Health and Human Services Office of the Inspector General Exclusion database. Telehealth Pro may exclude Providers from the Site and Services who, in Telehealth Pro’s discretion, have engaged in inappropriate or unprofessional conduct.

    The Service helps You find and source health care services provided by or on behalf of independent third-party Providers not related to Telehealth Pro. Telehealth Pro does not guarantee or warrant, and makes no representations regarding, the reliability, quality, or suitability of such health care services nor the Providers. By using the Service, You agree to hold Telehealth Pro free from the responsibility for any liability or damage that might arise out of the transactions involved.

    Telehealth Pro shall have no liability whatsoever to You for acts, omissions, care, or lack thereof, from Providers, whether online or offline. Telehealth Pro is not responsible for any disputes between You and Your Provider(s), including but not limited to those arising from the health care services they provide or are supposed to provide.

    Your Provider Choice: YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER A PARTICULAR PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES, OR OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

    To help You find Providers who may be suitable for Your needs and enable the maximum choice and diversity of Providers participating in the Services, Telehealth Pro may provide You with lists or profiles of Providers. Any results from the search functionality or chat features are based on information that You provide to Telehealth Pro or which Telehealth Pro reasonably acquires based on the information that You provide, such as Your healthcare need(s) and geographical location, and the specialty or services a particular Provider provides. Provider lists may also be partially based on other criteria, including, for example, Provider availability, ratings of Providers by You or by other users, and past experiences of other users with Providers.

    At any given time, Telehealth Pro’s list of Providers may not be exhaustive for a number of reasons. Providers choose their specialties, appointment availability, and set their own pricing. Providers listed through the Services may enter into contracts with Telehealth Pro, and may pay Telehealth Pro fees in order to use or be marketed through the Services. If You book an appointment with a Provider through the Services, Telehealth Pro may receive a fee.

    Provider Discretion: Accessing or using the Site, creating an Account, and scheduling an appointment does not guarantee that you are eligible to receive healthcare services from Providers or obligate Providers to provide any healthcare service to You. General eligibility requirements notwithstanding, no Provider is obligated to provide healthcare services to You, and each Provider has the discretion to determine whether and to what extent You are eligible to receive any healthcare services from such Provider.

    3. RISKS OF TELEHEALTH SERVICES

    Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a patient and a healthcare provider who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth services. Telehealth services are not a substitute for in-person healthcare in all cases. In order to schedule a telehealth service with any Provider on the Site, You will be required to review and agree to an Informed Consent regarding the use of telehealth services (“Informed Consent”).

    By using the Services and scheduling an appointment with a Provider, You acknowledge the potential risks associated with telehealth services. These include but are not limited to the following:

    • information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider;
    • delays in evaluation or treatment could occur due to failures of electronic equipment;
    • a lack of access to Your medical records may result in adverse drug interactions or allergic reactions or other judgment errors;
    • although the electronic systems Teleheatlh Pro uses incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of the privacy of your health information.

    Unfortunately, the transmission of information via the internet is not completely secure. Although Telehealth Pro takes commercially reasonable steps designed to protect Your personal information, it cannot guarantee the security of your personal information transmitted to, or through, the Services. Any transmission of personal information is at Your own risk. Telehealth Pro is not responsible for circumvention of any privacy settings or security measures employed by the Services.

    Certain telehealth services are currently available only to users in specific states. Telehealth service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. In some cases, a telehealth appointment may not be the most appropriate way for You to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person examination. In such a case, You may receive notification that You will be unable to use telehealth services for the particular issue You have.

    4. USER ACCOUNTS

    Telehealth Pro grants You a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Service.

    Account Registration: You are not required to register with Telehealth Pro to access the Site. However, You must register with Telehealth Pro to use the Services. When You register on the Site, You are required to create an account (“Account”) by entering Your name, email address, password, and certain other information collected during the creation of Your Account (collectively, “Account Information”).

    If You choose to create an Account to use the Services, You agree that the Account Information You provide, as prompted by the Service’s registration and intake forms, will be true, accurate, current, and complete information about yourself at all times, including during Your registration and in any information You upload to the Platform. Account Information, specifically including any health data, that You upload to the Platform, and certain other information about You are governed by our Privacy Policy. If You are under eighteen (18) years of age and do not have verifiable parental or legal guardian consent, You are not authorized to use the Service, with or without creating an Account.

    Eligibility for Services. The Services are currently only available to You if You 1) are located in a state in the United States in which Telehealth Pro offers the Services; 2) are at least eighteen (18) years of age or older, at least the age of majority in Your jurisdiction of residence, if that age is higher than eighteen (18), or if You are under the age of majority in Your jurisdiction of residence under Your parent’s or legal guardian’s Account with verifiable parental or legal guardian consent; and 3) have accepted this Agreement. If You are under eighteen (18) or other legal age of majority in Your jurisdiction, Your parent(s) or legal guardian(s) agree to be fully responsible for Your use of the Services.

    By visiting, accessing, registering, or using the Services, You are 1) representing and warranting to Telehealth Pro that You satisfy all of these eligibility requirements; 2) representing and warranting that when You use the Services to schedule and attend appointments with a Provider, you are located in the same state as the shipping address You provide in Your Account: 3) agreeing to comply with all applicable laws in visiting, accessing, registering with, or using the Services: and 4) agreeing that You will only use the Service for lawful purposes. The Services are subject to state regulations and may change from time to time as applicable regulatory requirements change.

    Telehealth pro reserves the right to refuse the Services, and its Providers reserve the right to refuse to provide healthcare services to You if it reasonably appears to Telehealth Pro or any Provider that You have not provided accurate information or if You intend to use the Service or Provider’s healthcare services for any unlawful purpose.

    Account Security and Confidentiality: You may not transfer or share Your Account username, password, or access with anyone, or create more than one Account, with the exception of sub-accounts established for children of whom You are the parent or legal guardian.

    You are responsible for maintaining the confidentiality of Your Account username, password, and access, and are fully responsible for any and all activities that occur under Your Account. You agree to promptly notify Telehealth Pro of any unauthorized use of Your Account username, password, or any other breach of security. Telehealth Pro reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and Your Account Information. You agree to exit or “log out” of Your Account at the end of each session.

    Telehealth Pro is entitled to act on instructions received under Your Account username and password. Telehealth Pro is not responsible for any actions taken or transactions made to or from Your Account by any other party using Your username, password, or Account, and Telehealth Pro will not be liable for any loss or damage arising from Your failure to comply with the requirements set forth in this provision. You may not use anyone else’s account at any time.

    General Practices Regarding Use and Storage of Your Information: You acknowledge that Telehealth Pro may establish general practices and limits concerning the use of the Services, including, without limitation, the maximum period of time that Telehealth Pro will retain Your data or other content and the maximum storage space that will be allotted on its servers on Your behalf. You agree that Telehealth Pro has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to or by the Site. You acknowledge that Telehealth Pro reserves the right to terminate Your account if it is inactive for an extended period of time. You further acknowledge that Telehealth Pro reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

    Notwithstanding the foregoing, any health information that You upload to the Site will be maintained in accordance with the requirements under HIPAA and applicable state data privacy and medical records laws. Accordingly, although You have the option to delete Your account under Telehealth Pro’s Privacy Policy, Telehealth Pro may be legally required to maintain Medical Records under applicable medical record retention laws. While Telehealth Pro will delete Your account and associated data that is not legally required to be retained, Telehealth Pro will retain your Medical Records subject to and in compliance with applicable medical record retention laws.

    Mobile Services: The Service may include certain services that are available via (App) or mobile device, including (i) the ability to upload content to the Site via the App or a mobile device and (ii) the ability to use the Services and browse the Site from the App or a mobile device (collectively, the “Mobile Services”). To the extent You access the Services through the App or a mobile device, Your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, You agree that Telehealth Pro may communicate with You regarding Telehealth Pro and other entities by SMS, MMS, text message, or other electronic means through the App or to Your mobile device and that certain information about Your usage of the Mobile Services may be communicated to Telehealth Pro. In the event You change or deactivate Your mobile telephone number, You agree to promptly update your information in Your Account to ensure that Your messages are not sent to the person who acquires Your old number.

    5. PRIVACY AND COMMUNICATIONS

    Privacy: Telehealth Pro only uses Your information as described in Telehealth Pro’s Privacy Policy. For more information or if You have questions about the collection, creation, maintenance, use, or disclosure of any of your data that might constitute Protected Health Information, You can review Telehealth Pro’s Privacy Policy. If You object to Your information being collected, created, used, disclosed, or transferred or used in this way, You should not use the Services.

    Recordings/Transcripts. Telehealth Pro or Your Provider may record all or part of Your appointments, communications, and interactions with Telehealth Pro or your Provider (“Recordings”). Such Recordings are used to create a transcript of Your appointment that is made available to You, for quality assurance and training purposes, and to better deliver the Services to You. You agree and consent to such Recordings for the purposes and uses set forth in these Terms of Service and in the Privacy Policy.

    Links to Other Website: As You view the Site, You may see links to third-party websites. These links are for Your convenience only. If You use these links, You will leave the Site. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by us of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

    General Consent to Electronic Communication: When You create an Account, use the Site or Platform, or send emails, messages, or other communications from your desktop or mobile device to Telehealth Pro, You are communicating with Telehealth Pro electronically, and You consent to receive communications via email, SMS, or other electronic format from Telehealth Pro and acknowledge and agree that Your information may be processed in accordance with, and you are bound by, Telehealth Pro’s Privacy Policy. You understand that while Telehealth Pro takes commercially reasonable steps to protect the privacy and security of Your health information, no system is completely secure. You understand that these messages may be sent in an unencrypted format, meaning there is a risk that the information could be read by anyone accessing Your emails, text messages, or electronic communications. You can withdraw Your consent to receive communications from Telehealth Pro by deactivating Your Account, or as otherwise specified herein.

    You acknowledge and agree that You are solely responsible for providing Telehealth Pro with accurate contact information, including Your mobile device number and email address, where Telehealth Pro may send communications containing Your health information. Telehealth Pro is not responsible for user errors and omissions.

    Email Communications: By creating an Account and providing Your email address, You acknowledge and agree that Telehealth Pro may send You emails regarding Your Account, the Services, to provide appointment reminders, service announcements, notices, administrative messages, other communications about the Services, and Telehealth Pro promotions. You can opt out of receiving email communication, other than transactional or service-related emails, at any time by clicking the unsubscribe link in the footer of any Telehealth Pro marketing or promotional email.

    Short Message Service (SMS): If You provide Your cell phone number and “opt-in” to receiving text message communications, You acknowledge and agree that Telehealth Pro may contact you by short message service (“SMS”) text message from time to time regarding Your Account or the Services to provide appointment reminders, service announcements, privacy notices, administrative messages, and other communications about the Services, including new or different Services that are available to You.

    You can stop receiving SMS communications from Telehealth Pro at any time by texting “STOP” to the number from which You receive the SMS communication. If You send the message “STOP” to Telehealth Pro, You will receive a reply message to confirm that You have been unsubscribed from SMS communications. After that, You will no longer receive SMS communications from Telehealth Pro. You expressly agree to receive such an opt-out confirmation SMS text message. SMS communications may not be available on all wireless carriers. Standard carrier message and data rates may apply.

    Electronic Notifications: For all notifications required under this Agreement or required by law, Telehealth Pro will communicate with You by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that Telehealth Pro provides to You electronically satisfy any legal requirement that such notices or communications be in writing.

    The delivery of any electronic notification from Telehealth Pro is effective when sent by Telehealth Pro, regardless of whether You read the electronic communication. 6. YOUR USE OF THE SERVICES

    Restrictions on Your Use: You agree to use the Services only to help You find a health care provider for yourself or another person. To the fullest extent enforceable under applicable law, You may not use the Services to solicit or attempt to solicit Providers to provide services outside of the Site and Platform, either for yourself or for any other person or entity. You are solely responsible for all images, information, data, text, messages, or other materials (“Content”) that you upload, post, publish, or display (hereinafter, “Upload”), email, or otherwise use via the Service. You will ensure that all content you Upload or share complies with all applicable laws, rules, and regulations, is appropriate and non-offensive, and that You have all necessary rights to use, share, and Upload such content, without infringing any third-party rights. Telehealth Pro reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including, without limitation, removing the offending content from the Service, suspending or terminating Your account, and reporting You to the law enforcement authorities. You agree not to use the Service in any manner that Telehealth Pro determines, in its sole discretion, to be illegal or improper.

    Commercial Use Prohibited: Unless otherwise expressly authorized herein, You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.

    Services Available Only in the United States: The Service is designed for and intended for Providers, Patients, and other users in the United States only. Telehealth Pro makes no representation that the information and Service are applicable to, appropriate for, or available to Providers, Patients, or other users in locations outside the United States. Accessing the Service from territories where the content is illegal is prohibited. If You choose to access the site from a location outside the United States, You do so on Your own initiative, without Telehealth Pro’s consent, and You are responsible for compliance with local laws.

    The information You provide to Telehealth Pro may be transmitted to and shared with third parties located in other countries, in order to provide Services to You. These Terms of Service and any separate agreements by which Telehealth Pro provides you with Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States.

    7. PAYMENT AND FEES

    Cash Pay: Neither Telehealth Pro nor the Providers accept Medicare, Medicaid, or any other third-party insurance. While it is free to create an Account and download the Telehealth Pro App, You are responsible for Your healthcare expenses.

    Provider Fees: Providers set their own prices for their healthcare services, including appointments, communications, subscriptions, etc. (“Provider Fee(s)”), which may vary based on the time or complexity involved, and You may use the Service to pay Provider Fees. By scheduling an appointment, You agree to pay all applicable fees. You will be required to pay for Your scheduled appointment in advance at the time of scheduling.

    Before scheduling an appointment, You should carefully review the price information and all services that are included and excluded in the Provider Fee. Providers are required to provide the applicable service at or below the price indicated at the time of scheduling, unless you separately agree otherwise. Services in addition to or different from those included in the Provider Fee may be available, offered, or rendered by Providers. You and Your Provider are responsible for agreeing on pricing for any additional or different services. TELEHEALTH PRO IS NOT RESPONSIBLE FOR YOUR OR ANY PROVIDER’S FAILURE TO AGREE TO PRICING FOR ANY ADDITIONAL OR DIFFERENT SERVICES.

    Third-Party Payment Processor: Telehealth Pro uses Stripe, Inc (“Stripe”) to process payments made for all Provider Fees. By using the Service to pay Provider Fees, You agree to have Your payment information processed by Stripe and acknowledge that your information will be handled in accordance with Stripe’s Privacy Policy and the Stripe Services Agreement.

    Payment Methods: You authorize Telehealth Pro (via Stripe) to charge Your selected payment method (e.g., credit card, debit card, bank debit, or electronic wallet) for all fees incurred, including applicable taxes.

    Accuracy of Billing Information: You must provide current, complete, and accurate billing and contact information. You represent and warrant to Telehealth Pro that such information is true and that You are authorized to use the payment instrument. You agree to promptly update Your account information (for example your billing address or credit card expiration date) to keep Your account current and accurate.

    Subscription Billing: Telehealth Pro and its Providers may offer recurring subscription services of various terms. If You sign up for a subscription plan, you authorize Telehealth (via Stripe) to automatically charge the subscription fee to your payment method at the time of the initial payment and at the start of each billing cycle (e.g., monthly or annually) until the end of Your subscription term or until You cancel Your subscription.

    You may cancel Your subscription at any time in your Account, and the cancellation will take effect at the end of the current billing period. Your cancellation will be effective so long as You cancel at least three (3) days before the applicable renewal date. If You cancel Your subscription before the expiration of Your subscription term, You may continue to use the Services until the end of Your current subscription term, and Your subscription will not be renewed after Your current term expires. However, You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription term.

    In-App Purchases: Through Your use of the Services, You may be able to make in-App purchases. You agree to pay all fees associated with purchases made through the App. All in-App purchases are subject to all of Telehealth Pro’s billing policies, including the refund and cancellation policies.

    Refunds: All fees paid are non-refundable unless stated otherwise in Telehealth Pro’s specific refund policy or required by applicable law. Refunds are permitted only in the following circumstances:

    • a technical failure that prevents an appointment;
    • duplicate or incorrect charges due to payment processing error;
    • a Provider determines care cannot be provided to You after intake; and
    • a Provider cancels Your appointment less than twenty-four (24) hours before Your appointment or misses Your appointment.

    Your Cancellation Right and Obligations: Our cancellation policy makes booking, canceling, and rescheduling easy, while honoring our Providers’ time. We will honor a full refund if You cancel Your appointment at least twenty-four (24) hours before Your appointment.

    We are unable to offer refunds for the following:

    • Cancellations within twenty-four (24) hours of an appointment
    • No-shows or missed appointments
    • Refund requests due to not receiving a prescription or disagreement with the clinical outcome of an appointment
    • For pharmacy or product purchases, any request for cancellation or refund made more three (3) days after the original purchase date

    Provider Cancellations: If a Provider cancels Your appointment or misses Your appointment, without rescheduling, You will receive a full refund.

    We have no control over, and cannot guarantee the availability of, any health care provider at any particular time. We are not liable for any canceled or unfulfilled appointments, or any injury or loss resulting from the foregoing, or for any other injury or loss related to Your use of the Site or Services.

    Chargebacks and Disputes: You agree to contact Telehealth Pro to resolve billing issues before initiating an official dispute. If You initiate a chargeback or payment dispute with your bank or credit card issuer, Telehealth Pro reserves the right to suspend or terminate Your account immediately.

    8. INTELLECTUAL PROPERTY RIGHTS

    Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features, including, without limitation, any text, software, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features contained therein, and any other materials You may view on, access through, or contribute to the Platform (“Service Content”) that are owned by Telehealth Pro and protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Telehealth Pro, You agree not to modify, copy, reproduce, frame, scrape, republish, upload, post, transmit, distribute, sell, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to Your own User Content (as defined below) that You legally upload to the Service. In connection with Your use of the Service You agree that You will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If You are blocked by Telehealth Pro from accessing the Service (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Telehealth Pro, Telehealth Pro affiliates, and Telehealth Pro partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, modify, copy, reproduce, frame, scrape, republish, upload, post, transmit, distribute, sell, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Telehealth Pro.

    The Telehealth Pro name and logos are trademarks and service marks of Telehealth Pro (collectively the “Telehealth Pro Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Telehealth Pro. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Telehealth Pro Trademarks displayed on the Service, without Telehealth Pro’s prior written permission in each instance. All goodwill generated from the use of Telehealth Pro Trademarks will inure to Telehealth Pro’s exclusive benefit.

    Third Party Material: Under no circumstances will Telehealth Pro be liable in any way for any content, materials, or services of, or provided by or on behalf of, any third parties (including other users or Providers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Telehealth Pro does not pre-screen content, but that Telehealth Pro will have the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Telehealth Pro has the right to remove any content that violates these Terms of Service or is deemed by Telehealth Pro, in its sole discretion, to be otherwise objectionable.

    User Content Transmitted Through the Service: With respect to the content or other materials You upload through the Service or share with other users or Providers (collectively, “User Content”), You represent and warrant that You own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By voluntarily providing Telehealth Pro with User Content, which may include Personal Information (as defined in the Privacy Policy), You are consenting to Telehealth Pro’s use of such Personal Information in accordance with these Terms of Service and its Privacy Policy. You also agree that any User Content You submit through the Service that is communicated to Telehealth Pro and Providers will be accurate and complete. By uploading any User Content You hereby grant Telehealth Pro a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use Your User Content in connection with the operation of the Service, the promotion, advertising or marketing thereof, the improvement of the Service, and as aggregated or de-identified for any lawful purpose in any form, medium, or technology now known or later developed.

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), You provide to Telehealth Pro are non-confidential and Telehealth Pro will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

    You acknowledge and agree that Telehealth Pro may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 1) comply with legal process, applicable laws, or government requests; 2) enforce these Terms of Service; 3) respond to claims that any content violates the rights of third parties; or 4) protect the rights, property, or personal safety of Telehealth Pro, its employees, independent contractors, and agents, Users, Providers, and the public. You understand that the technical processing and transmission of the Service, including Your content, may involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices.

    9. THIRD PARTY WEBSITES.

    The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Telehealth Pro has no control over such sites and resources, and Telehealth Pro is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Telehealth Pro will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource.

    10. TELEHEALTH PRO OBLIGATIONS.

    Disclosure of Your Information: To provide the Services to You, Telehealth Pro shares your personally identifiable information with its authorized service providers that perform certain services or functions on its behalf. Telehealth Pro may be required by law to disclose information You have provided in using the Services. Telehealth Pro may also disclose information where someone poses a threat to Telehealth Pro’s interests (such as user fraud) or whose activities could bring harm to others. In addition, it may be necessary, in the reasonable opinion of Telehealth Pro, that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular health care Provider. If Telehealth Pro receives a court order to disclose information about You or Your activities on the Site, You agree that such information may be disclosed.

    Access to Your Information: You may request that Telehealth Pro 1) update, change, or delete the information You provide to Telehealth Pro (or upload onto the Platform) or 2) provide You a copy of the information Telehealth Pro has stored by emailing Telehealth Pro at legal@telehealthprofessional.com. Telehealth pro will make every reasonable effort to honor Your wishes or provide You with an explanation if it cannot make the changes requested. Note that Telehealth Pro may be legally required to maintain medical records in accordance with applicable medical record retention laws. While Telehealth Pro will delete Your account and associated data that is not legally required to be retained upon Your request, Telehealth Pro may retain Your medical records subject to and in compliance with applicable medical record retention laws. Telehealth pro may request proof of identity before responding to any requests.

    To learn more about how Telehealth Pro collects, stores, uses, discloses, and retains your information, please review the Telehealth Pro Privacy Policy.

    11. INDEMNITY AND RELEASE.

    You agree to release, indemnify, defend, and hold Telehealth Pro and its officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, liabilities, fines, fees, penalties, costs, expenses, including reasonable attorneys’ fees, arising out of or related to any allegations, rights, claims, actions of any kind arising out of or related to: 1) injury (including death) or damage to property caused by Your or Your agents’ action or inaction; (2) Your use of the Service or receipt of healthcare services from Telehealth Pro Providers, (3) any User Content or any other content or materials You supply directly or indirectly, (4) Your connection to the Service, 5) Your violation of these Terms of Service or the Privacy Policy, or 6) Your violation of any rights of another. If You are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction, you waive any comparable statute or doctrine. ANY OBLIGATION TO INDEMNIFY AN INDEMNITEE FOR ANY LOSS, LIABILITY, OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT, OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNITEE MAY NOT BE ENFORCEABLE AGAINST ANY VISITOR OF THE SERVICES TO THE EXTENT APPLICABLE LAW SO REQUIRES, SUCH AS FROM CERTAIN JURISDICTIONS (SUCH AS FROM NEW JERSEY).

    12. DISCLAIMER OF WARRANTIES

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TELEHEALTH PRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    TELEHEALTH PRO MAKES NO WARRANTY THAT 1) THE SERVICE WILL MEET YOUR REQUIREMENTS, 2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR 4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PROVIDERS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

    13. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT TELEHEALTH PRO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TELEHEALTH PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, INCLUDING IF RESULTING FROM: 1) THE USE OR THE INABILITY TO USE THE SERVICE; 2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; 3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE (INCLUDING WITHOUT LIMITATION ANY PROVIDER); OR 5) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TELEHEALTH PRO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TELEHEALTH PRO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100.00).

    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

    IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION AND RELEASE,” “DISCLAIMER OF WARRANTIES,” AND “LIMITATION OF LIABILITY,” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

    14. DISPUTE RESOLUTION BY BINDING ARBITRATION.

    PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

    Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the Arbitration Agreement (“Arbitration Agreement”). You agree that any and all disputes or claims that have arisen or may arise between You and Telehealth Pro, whether arising out of or relating to these Terms of Service or the Privacy Policy (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between the Parties, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that You may assert individual claims in small claims court, if Your claims qualify. Further, this Arbitration Agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Telehealth Pro on Your behalf. You understand and agree that by agreeing to these Terms of Service and using the Service, You and Telehealth Pro each waive the right to a jury trial or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND TELEHEALTH PRO AGREE THAT EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TELEHEALTH PRO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

    Pre-Arbitration Dispute Resolution: Telehealth Pro is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support at support@telehealthprofessional.com. If such efforts prove unsuccessful, a Party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Telehealth Pro should be sent to 11354 Big Bend, Longmont, Colorado 80504 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. If You and Telehealth Pro do not resolve the claim within sixty (60) calendar days after the Notice is received, You or Telehealth Pro may commence an arbitration proceeding. During the arbitration, the amount of any settlement offers made by Telehealth Pro or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Telehealth Pro is entitled.

    Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information about the AAA, please visit its website. Information about the AAA Rules and fees for consumer disputes can be found on the AAA’s consumer arbitration page. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

    Unless You and Telehealth Pro agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both Parties, with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, the determination shall be made by AAA. If Your claim is for ten thousand dollars ($10,000.00) or less, Telehealth Pro agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds ten thousand dollars ($10,000.00), the right to a hearing will be determined by the AAA Rules. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

    Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules. If You demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Telehealth Pro will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

    Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all Parties.

    Severability of Arbitration Agreement: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the Parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply. Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms of Service to the contrary, Telehealth Pro agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while You are a user of the Service, You may reject any such change by sending Telehealth Pro written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, You agree to arbitrate any dispute between the Parties in accordance with the terms of this Arbitration Agreement as of the date You first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

    15. TERMINATION.

    Termination by Telehealth Pro: You agree that Telehealth Pro, in its sole discretion, may suspend or terminate Your Account (or any part thereof) or use of the Service and remove and discard any content within Your Account, as permitted by applicable law, for any reason, including, without limitation, for nonpayment, Your initiation of a chargeback, lack of use, or if Telehealth Pro believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your Account and use of Service, may be referred to appropriate law enforcement authorities.

    Telehealth Pro may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice, and Telehealth Pro may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service, subject to any legal requirements under medical records retention and access laws. Further, You agree that Telehealth Pro will not be liable to You or any third party for any termination of Your Account or access to the Service.

    Your Termination Rights: You may deactivate Your Account at any time, for any reason in the settings section in Your Account.

    16. GENERAL.

    Entire Agreement: These Terms of Service, in conjunction with the Privacy Policy and any other patient documents and agreements, constitute the entire agreement between You and Telehealth Pro and govern Your use of the Service, superseding any prior agreements between You and Telehealth Pro with respect to the Services. You also may be subject to additional terms and conditions that may apply when You use affiliate or third-party services, third-party content, or third-party software.

    Governing Law: These Terms of Service will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Colorado.

    Waiver: The failure of Telehelth Pro to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

    Severability: If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

    Claims Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Notice and Agreement Copies: A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Assignment: You may not assign this Terms of Service without the prior written consent of Telehealth Pro, but Telehealth Pro may assign or transfer this Terms of Service, in whole or in part, without restriction.

    Construction and Interpretation: The section titles or headings in these Terms of Service are for convenience only and have no legal or contractual effect.

    Notices: Notices to You may be made via either email or regular mail to the email or postal address You provided during Your account registration. Telehealth Pro may also provide notices to You of changes to these Terms of Service, the Privacy Policy, or other matters by displaying notices or links to notices generally on the Site. Notices to Telehealth Pro must be in writing, sent via registered mail or nationally recognized overnight courier, with confirmation of delivery.

    Force Majure: Neither Party will t be deemed to be in breach of these Terms of Service or liable for any breach of these Terms of Service or the Privacy Policy, or other agreements between the Parties due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, disease, epidemic, pandemic, earthquakes or floods, civil disorder, strikes, fire or other disaster.

    17. NOTICE FOR CALIFORNIA USERS

    Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (720) 828-3214. You may contact us at Research and Development Company LLC, 11354 Big Bend, Longmont, Colorado 80504 or (720) 828-3214.

    18. QUESTIONS, CONCERNS, SUGGESTIONS

    Please contact us by email at legal@telehealthprofessional.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

    19. CHANGES TO THESE TERMS OF SERVICE

    Telehealth Pro is constantly trying to improve the Services, so the Site and Services are continuously under development, and changes to the Site or Services may be made at any time. Telehealth Pro reserves the right, at any time, to modify, alter, remove, or update these Terms of Service by posting the modified, altered, or updated terms on the Site or by providing You notification through other reasonable means, and You agree to be bound by such modifications, alterations, or updates. If You do not agree to such modifications, alterations, or updates, You should terminate Your use of the Services. Any such changes will become effective when they are posted. Your continued use of the Service following the posting of notice of any changes in this Agreement shall constitute Your acceptance of such modifications, alterations, and updates.

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