Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your agreement to these Terms and Conditions of Use ("Terms and Conditions" or "Terms"). You must agree to these Terms and Conditions of Use in order to use this Medical Tourism Agency, LLC ("MTA") website, WeightLossAgents.com. If you do not agree to all of these Terms and Conditions of Use, do not use this website!
MTA is a limited liability company organized under the laws of the State of Delaware. The servers that host this website are located in the United States, and any personal details you provide us will be processed by MTA in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy, available at https://www.weightlossagents.com/privacy.php. MTA expressly excludes any representation or warranty, express or implied, with respect to the information available on this website. MTA makes no representation about any third-party websites that may be accessed via links from this Website.
These Terms and Conditions of Use govern your access to and use of the MTA website including, without limitation, all content such as text, information, images, video and audio (collectively, "Content") and all services ("Services") made available to you through the MTA website (this website and the Content and Services are collectively referred to herein as this "Site") by MTA and/or third parties.
This Site incorporates proprietary intellectual properties, which are protected by copyright (including certain rights of patentability) and are maintained by MTA and/or its affiliates, as confidential and proprietary information to be used only in connection with these Terms and Conditions. This Site may provide access to additional information that may be of use to physicians and other health care providers. We have established the following terms that govern the use of this Site. By using this Site, you are agreeing to be bound by these terms. MTA may revise and update these Terms and Conditions at any time. Therefore, we encourage you to review this Site and these terms for any updates or changes on a periodic basis. Your present and subsequent use of this Site demonstrates your acceptance of these Terms and Conditions of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS, AND REPRESENT THAT YOU ARE OVER THE AGE OF 18 AND ABLE TO FORM LEGALLY BINDING CONTRACTS.
1. Disclaimer on Emergency Medical Conditions. DO NOT USE THIS SITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
2. Medical Disclaimers. THE CONTENT AVAILABLE THROUGH THIS SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. MTA DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS SITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP. Your reliance upon Content obtained by you at or through this Site is solely at your own risk. Always seek the advice of a physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. MTA does not control or guarantee the clinical judgment, treatment decisions, services, or outcomes of independent healthcare providers. Providers are independently responsible for maintaining all licenses, registrations, certifications, and other professional qualifications required for their practice.
MTA may conduct administrative verification of certain provider credentials and eligibility to participate on the platform. Any such verification does not constitute a guarantee of a Provider's services, clinical judgment, or treatment outcomes and does not make the Provider an employee or agent of MTA.
Your reliance upon information and Content obtained by you at or through this Site is solely at your own risk. Neither we nor our Content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content or Services provided to you.
3. Identification. Portions of this Site require a user identification and password to access and use. You are solely responsible for (a) maintaining the strict confidentiality of your user identification and passwords (collectively, "IDs") assigned to you; (b) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your IDs; and (c) promptly informing us in writing at info@weightlossagents.com of any need to deactivate an ID due to security concerns. We are not liable for any harm related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use this Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs.
4. Description of Service. MTA is a healthcare services company based in the United States. Our services include: (a) medical tourism coordination - researching and connecting patients with qualified medical providers for surgical procedures domestically and internationally; and (b) telehealth coordination - operating a platform that connects patients with independent, licensed healthcare providers for remote consultations, and facilitating prescription fulfillment through licensed pharmacies when a provider determines treatment is medically appropriate. In both roles, we act as a coordination and administrative platform. All clinical decisions are made by independent, licensed healthcare providers.
5. Not A Medical Referral Service. MTA is not a medical provider. While we facilitate connections between patients and independent, licensed healthcare providers - including for telehealth consultations and prescription services - all clinical decisions, including whether to prescribe medication, are made solely by those providers. MTA does not practice medicine, make diagnoses, or control the clinical judgment of any provider. We do not endorse or guarantee the outcome of any consultation, treatment, or prescription. We encourage you to discuss all medical issues with your personal physicians and to seek in-person care when appropriate.
You agree to assume all responsibility in connection with choosing any health care provider for your desired treatment or procedure. We assume no responsibility or liability for any treatment or other Services rendered by any hospital, physician, or other health care provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other Services.
6. Telehealth & Prescription Services. If you use our platform for telehealth-based prescription services, the following additional terms apply:
a. Coordination Platform. We operate a coordination platform that connects you with independent, licensed healthcare providers ("Providers") for telehealth consultations (including asynchronous and synchronous). We do not provide medical care, prescribe medications, or make clinical decisions. See our Telehealth Informed Consent for full details.
b. No Guarantee of Prescription. Submitting a questionnaire or completing checkout does not guarantee that a prescription will be issued. Providers may decline treatment for any clinical reason.
c. Payment Authorization. When you complete a purchase, your payment method is authorized (not charged) for the treatment amount. You will only be charged if and when a Provider approves your prescription and it is submitted for fulfillment. If a Provider declines to prescribe, the authorization will be released.
d. Prescription Fulfillment. Prescriptions are fulfilled by licensed pharmacies, which may include compounding pharmacies. Medications are patient-specific and dispensed pursuant to individual prescriptions. You agree that medications ordered through this platform will be used only by the patient for whom they are prescribed.
e. Availability & Pricing. All medications offered through this platform are subject to availability at the time of order fulfillment. Inventory levels may fluctuate, and certain products may become unavailable without prior notice. Pricing is likewise subject to change at any time due to market conditions, vendor adjustments, or regulatory factors. Final pricing and availability are confirmed when your order is processed.
f. Compounded Medications. Some medications available through our platform are compounded preparations - custom-prepared by pharmacies pursuant to provider prescriptions. Compounded medications are not FDA-approved products and are not evaluated by the FDA for safety or efficacy. They are prepared in accordance with applicable pharmacy compounding regulations and standards.
g. No Returns or Refunds on Prescription Products. Once a prescription medication has been dispensed and shipped, it cannot be returned to stock per pharmacy regulations. All prescription sales are final. This includes compounded and commercially available medications. If you receive a damaged or incorrect shipment, you must notify us within 24 hours of delivery with photographic documentation.
h. No Insurance Reimbursement. Compounded medications and telehealth consultation services provided through this platform are not covered by private health insurance, government programs, or third-party payors. You agree that you will not submit claims for reimbursement to any insurer or third-party payor for medications or services obtained through this platform.
i. Recurring Subscriptions. Certain treatment plans involve recurring billing. When you enroll in a subscription plan, you authorize us to charge your payment method on a recurring basis at the interval and amount specified at checkout. You may cancel a subscription at any time through your Patient Portal, but cancellation will not entitle you to a refund for any medication already dispensed or in preparation. To help ensure your medication arrives before your current supply runs out, your billing date each billing cycle may shift earlier by a few days from the interval originally specified at checkout. This adjustment accounts for factors including: the pharmacy's order-processing time; carrier transit time to your address; the shipping pharmacy's regular business days; holidays and carrier closures; and your specific treatment's dosing schedule, which determines how long your current supply will last. Because these factors can vary by treatment, pharmacy, and time of year, your exact billing date may differ slightly from one cycle to the next. This does not change your total charges or your billing frequency - only the exact date within each cycle. You may view your next scheduled charge date at any time in your Patient Portal.
Dose Changes & Billing Dates. Some treatments allow you to request dose changes from time to time. A Provider may also change your dose in your best interest, for example based on how you're feeling or responding to treatment, or to follow clinical protocols such as titration schedules or clinical guidelines. To make sure you have the right amount of medication on hand, your billing date may need to be adjusted from time to time. We send you a notification whenever your billing date is moved, showing the previous date, the new date, and the reason, such as preventing your supply from running out, or giving you time to use up what you have on hand before we send more. Whether dates move earlier or later, one thing is certain: we adjust billing dates with your best interest in mind.
j. Delivery. Medications are shipped to the address you provide. You are responsible for ensuring that an adult is available to receive and sign for the package, and for storing medications according to the instructions provided. We are not responsible for delivery failures due to an incorrect address, refused delivery, or failure to sign. Multi-month supplies may be shipped in more than one package. For example, a 3-month supply may arrive as two vials first, with the remaining vial following about three weeks later. The 24-hour notice period for damaged or incorrect shipments applies to each package.
k. Storage & Handling. Certain medications require specific storage conditions (e.g., refrigeration). You are responsible for storing medications as directed on the label. We are not responsible for medication degradation due to improper storage after delivery.
l. Beyond-Use Dates. Compounded medications have a Beyond-Use Date (BUD) calculated from the date of compounding. You are responsible for using medications within their stated BUD and must not use any medication past its expiration or beyond-use date.
7. Confidentiality. You agree that MTA, and all other persons or entities involved in the operation of Services provided through this Site, has the right to monitor, retrieve, store and use confidential health information in connection with the operation of such Services, and are acting on your behalf in transmitting confidential health information. We will use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except (a) in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf, (b) in connection with the transmission, storage, retrieval, and disclosure of such information to health care professionals involved in your treatment, (c) as may be required or permitted by law, or (d) as otherwise provided in our Privacy Policy.
8. User Information.
a. Information Collected. You agree that MTA may collect the following information.
i. If you only browse this Site: MTA may collect the following information about you: your country, IP address, server host, operating system, Internet browser, the name of the domain from which you access the Internet (for example, gmail.com, if you are connecting from a Gmail account), date and time you access this Site, and the Internet address of the website from which you linked directly to this Site; and other Internet routing information. The information collected is used to measure the number of visitors to the different sections of this Site, and to assist us in making this Site more useful to visitors. MTA will not knowingly make any of the foregoing information we collect available to anyone else.
ii. If you register or purchase a Service: MTA will collect your full name, financial information in the form of a credit card number and expiration date, for payment of fee. Additionally, we may collect financial applications, copies of cashiers' checks or other financial instruments, or any other form of personal information required to arrange for processing your payment. We also collect your telephone number so we may contact you regarding your account, your Services, and other related matters.
b. Change/Modify. You may change any information previously provided to MTA. To make or inquire about such changes, send an e-mail to info@weightlossagents.com.
c. Text Messaging Consent. By providing your telephone number to MTA, you consent to receive SMS or MMS text messages from MTA and its agents at that number. These messages may include, but are not limited to, updates regarding your account, scheduling information, customer service communications, promotional messages, prescription and treatment notifications, telehealth consultation updates, and notifications related to your Services. Message and data rates may apply. Message frequency may vary.
You understand and agree that:
i. Consent to receive text messages is not a condition of purchasing any goods or Services;
ii. You may opt out of receiving text messages at any time by replying “STOP” to any message we send; and
iii. MTA is not responsible for any delays or failures in the receipt of any text messages, as delivery is subject to the effective transmission from your mobile service provider.
Your mobile service provider’s standard messaging and data rates may apply to any text messages you send or receive.
9. Security. The security of your personal information is very important to us. We use administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, alteration, and disclosure. Personal information may be accessed, used, or disclosed as described in these Terms, our Privacy Policy, and other applicable notices or consents, including as necessary to provide the Services, facilitate care, comply with legal obligations, protect rights and safety, and respond to lawful requests. Access is limited based on role and legitimate need and may include authorized personnel, healthcare Providers, pharmacies, contractors, service providers, and other parties as described in our Privacy Policy or as otherwise permitted or required by law.
10. User Submissions. The personal information you submit to MTA is governed by the MTA Privacy Policy. These Terms, our Privacy Policy, and any service-specific consent or notice should be read together. In the event of a direct conflict, the Privacy Policy will control with respect to the collection, use, and disclosure of personal information; the Telehealth Informed Consent will control with respect to informed consent for telehealth services; and these Terms will control with respect to general use of the Site and Services.
11. Minors Prohibited.
a. MTA is for use by adults only. If you are not over 18 years of age, do not use this Site.
b. MTA is committed to protecting the privacy of children. You should be aware that this Site is not for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.
12. Copyright, Ownership and Use. All of the Content on this Site, including all text, photographs, graphics, images, videos, format, and other expressions is the property of MTA, or the suppliers of Content. All of the above is protected by U.S. and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. A user of this Site may only use the Content for accessing and understanding such information for individual and personal use. No one may copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgment of ownership of same in MTA or its third party suppliers or licensors.
13. Compliance with the Digital Millennium Copyright Act. MTA respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
c. Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit MTA to locate the Content;
d. Information reasonably sufficient to permit MTA to contact the complaining party;
e. A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact MTA's Copyright Agent at:
privacymatters@weightlossagents.com
14. Intellectual Property. You agree that MTA (or its Content providers) owns all worldwide rights, titles and interests in and to this Site. You may create a bookmark in your browser to the home page of this Site. Otherwise, you may not create a link to this Site without the prior written approval of MTA. All rights not expressly granted in these Terms and Conditions of Use are reserved to MTA. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms and Conditions of Use. To facilitate your access to and use of this Site or portions thereof, we may make certain software available to you. The terms of your use of such software will be stated separately in a license agreement that will be included with the software. You agree to only use such software in a manner permitted pursuant to such license agreements.
15. Content. The Content contained on this Site is provided by MTA or under license by third parties as a service to the users of this Site. This Site and the information, Services and materials contained on this Site are provided on an "as is" basis. You agree that the use of this Site is at your sole risk. Neither MTA nor any of its affiliates warrant that the information on this Site is accurate, reliable or current. Additionally there are no warranties as to results that may be obtained from the use of this Site. Rather, the information provided is for informational and educational purposes only. It is not a substitute for advice from physicians or other health care providers. Any specific medical questions that you, the user, may have relating to a medical condition, care or treatment or diagnosis should be presented to your physician or health care provider.
16. Advertisements and Links to Other Websites. This Site may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. MTA may occasionally provide links on its Site to third party websites, including a link to PayPal or other Payment Providers for the purpose of making payments for Services. These links connect you with other websites that are maintained by other parties over whom MTA has no control. These links are provided only as a convenience to you, and MTA does not assume any responsibility for nor endorse such other websites. UNLESS EXPRESSLY STATED BY US, MTA DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES OR WEBSITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEBSITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU OR FOR THE USE IN RENDERING CARE TO PATIENTS.
17. Customer Satisfaction. MTA is committed to customer satisfaction. We attempt to provide access to educational information about medical conditions and treatment options with minimum interruption. Notwithstanding any provision in these Terms and Conditions to the contrary, you agree as follows:
a. Disclaimer of Warranty. THIS SITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS AND YOUR USE OF THIS SITE IS AT YOUR OWN RISK. MTA AND ITS AFFILIATES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER MTA NOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, RELIABLE OR CURRENT. NEITHER MTA NOR ANY OTHER CONTENT PROVIDERS MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS. MTA ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THIS SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS SITE. MTA AND ANY THIRD-PARTY SUPPLIER ASSUME NO RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, INFORMATION OR SERVICES ON THIS SITE IN ANY WAY, AND THERE IS NO WARRANTY OR ANY ASSURANCE THAT THE PRODUCTS OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE WILL SATISFY ANY REQUIREMENTS THAT YOU MAY HAVE. BY USING THIS SITE, THE USER ACKNOWLEDGES THAT IT IS AT THE USER'S SOLE RISK AND THE USER ASSUMES FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THIS SITE.
WITH RESPECT TO PRESCRIPTION MEDICATIONS AND TELEHEALTH SERVICES: MTA MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY COMPOUNDED PREPARATIONS, COMMERCIALLY AVAILABLE MEDICATIONS, OR TELEHEALTH CONSULTATION OUTCOMES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL CLINICAL DECISIONS ARE MADE BY INDEPENDENT PROVIDERS, AND ALL MEDICATIONS ARE PREPARED AND DISPENSED BY INDEPENDENT LICENSED PHARMACIES. MTA SHALL NOT BE LIABLE FOR ANY ADVERSE REACTIONS, SIDE EFFECTS, OR OUTCOMES RESULTING FROM MEDICATIONS PRESCRIBED BY PROVIDERS OR PREPARED BY PHARMACIES, NOR FOR ANY PROVIDER'S DECISION TO PRESCRIBE OR DECLINE TO PRESCRIBE TREATMENT.
b. NEITHER MTA NOR ITS AFFILIATES NOR ANY THIRD PARTY SUPPLIER CAN BE ASSURED THAT THE USER, IN USING THIS SITE, HAS SELECTED AN APPROPRIATE SERVICE PROVIDER. AGAIN, YOU SHOULD USE THIS SITE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SHOULD DIRECT ANY FURTHER INQUIRIES TO A PROFESSIONAL HEALTH CARE PROVIDER. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
c. Exclusion of Damages. AS CONSIDERATION FOR USER'S OPPORTUNITY TO USE THE GENERAL INFORMATION AND PROCESSES PROVIDED ON THIS SITE, USER AGREES THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL MTA OR ANYONE ASSOCIATED WITH MTA OR THIS SITE BE LIABLE IN ANY WAY TO YOU OR ANY OTHER ENTITY FOR ANY ACTION OR INACTION TAKEN BY USER IN RELIANCE UPON INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE. NEITHER MTA NOR ANYONE ASSOCIATED WITH MTA SHALL BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THIS SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY MTA OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER MTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
d. Limitation on Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR OTHERS ASSOCIATED WITH THIS SITE) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND OTHERS ASSOCIATED WITH THIS SITE) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF $1,000 OR THE TOTAL AMOUNT PAID BY YOU TO MTA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND OTHERS ASSOCIATED WITH THIS SITE) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND OTHERS ASSOCIATED WITH THIS SITE) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THIS SITE, THE SERVICES OR THE CONTENT TO YOU.
18. Foreign Access or Use. MTA makes no claim that this Site is appropriate for access or use outside the United States. Your access and/or use of this Site outside the United States are at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
19. Indemnification. You agree to defend, indemnify and hold MTA harmless against any losses, expenses, costs or damages (including its reasonable attorneys' fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (a) your breach of these Terms and Conditions of Use, (b) your unauthorized or unlawful use of this Site, (c) the unauthorized or unlawful use of this Site by any other person using your IDs, (d) your provision of inaccurate, incomplete, or misleading medical information through our telehealth platform, (e) your failure to follow prescribed treatment instructions, medication storage requirements, or dosing guidelines, or (f) your sharing, transferring, or allowing use of medications prescribed to you by any other person.
20. Termination. Your right to access and use this Site immediately terminates without further notice upon your breach of these Terms and Conditions of Use. MTA may terminate theses Terms and Conditions and/or your right to use this Site at any time, with or without cause. MTA reserves the right to discontinue or make changes to this Site at any time.
21. Assignment. MTA may assign these Terms and Conditions of Use, in whole or in part, in its sole discretion. You may not assign your rights under these Terms and Conditions without the prior written permission of MTA. Any attempt by you to assign your rights under these Terms and Conditions of Use without the permission of MTA shall be void.
22. Waiver. The waiver by MTA of a breach of any provision of these Terms and Conditions of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
23. Severability. If any provision of these Terms and Conditions of Use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms and Conditions of Use shall remain in full force and effect.
24. Governing Law. This Site is controlled under the laws of the State of Delaware and the United States of America. Any claim relating to this Site or Services provided through this Site will be governed by the laws of the State of Delaware, without giving application to the conflicts of laws provisions thereof.
25. Entire Agreement. These Terms and Conditions of Use contain the entire agreement between you and MTA relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms and Conditions of Use may not be amended or supplemented by (a) any purchase order or similar form originated by you relating to the subject matter hereof, or (b) statements of any MTA employees. MTA reserves the right to make changes to these Terms and Conditions of Use at any time without advance notice. MTA agrees to post all amended forms of these Terms and Conditions of Use on this Site and such amended forms shall be effective immediately upon its posting. Your continued use of this Site subsequent to MTA's posting of amended forms of these Terms and Conditions of Use shall constitute your acceptance of the modified Terms and Conditions of Use. It is at all times your responsibility to read the most current form of these Terms and Conditions of Use before using this Site to ensure that you agree to the terms and conditions of any amendments made to these Terms and Conditions of Use. You agree that these standards for notice of amendments to these Terms and Conditions of Use are reasonable.
26. Miscellaneous Information. You agree to use this Site for legal and proper purposes. If you no longer agree to be bound by these Terms and Conditions, you agree to immediately cease use of this Site.
27. Live Chat, Automated Assistants and Clinician Chat. If you use the live chat available on this Site or in your Patient Portal, the following terms apply:
a. Automated Assistant. Our chat may first connect you with an automated assistant (the "WLA Assistant") that uses artificial intelligence provided by third-party service providers. The assistant can answer general questions about our services and your account, guide you to pages in your Patient Portal, record information you choose to give it (such as travel details), and connect you with a member of our team. It is not a person, it is not a healthcare provider, and it does not give medical advice, diagnose, or recommend treatment. Automated answers can be incomplete or wrong; please confirm anything important with our team or your Provider.
b. Our Team. You may ask to speak with a person at any time. A team member may join, read the conversation so far, and continue it. Team members are not healthcare providers unless identified as one.
c. Clinician Chat. Where available, you may ask to chat with an independent, licensed healthcare provider ("Provider"). While you wait for a Provider, you may not be able to send other messages; you may leave the waiting room at any time. A Provider may ask your permission to view your health questionnaire answers, including answers you have not yet submitted; nothing is shared until you agree, and you may decline. A Provider chat may form part of a telehealth consultation, and our Telehealth Informed Consent applies. Where the law requires a video visit, the Provider may ask you to join one before any treatment decision.
d. Waiting Room Limits. To keep Providers available to everyone, we may limit how often you can join or rejoin the Provider waiting room. If you reach that limit, you can still send a message to your Care Team in your Patient Portal.
e. Orders in Chat. A Provider or team member may prepare an order for you during a chat. Nothing is charged until you review and confirm it. Confirming an order in chat is the same as completing checkout: these Terms, including Section 6, apply, and you authorize us to charge your selected payment method.
f. Not for Emergencies. Chat is not monitored around the clock and response times vary. Do not use chat for urgent or emergency medical needs. Call 911 or go to the nearest emergency room.
g. Records of Your Chats. Chats, including messages with the WLA Assistant, are recorded and stored as part of your account. Our team and the Providers involved in your care may read them to assist you, for quality and training of our staff, and as required by law. A copy is available in your chat history. We automatically remove payment card and Social Security numbers typed into chat; please do not send them.
h. Acceptable Use. You agree not to use chat to harass anyone, to send unlawful, abusive or misleading content, to impersonate another person, or to attempt to make the WLA Assistant act outside its purpose. We may end a chat or limit your access to chat for misuse.
i. Guests. If you use chat without logging in, you must agree to these Terms first. We collect only the information you choose to give in the chat and treat it according to our Privacy Policy.
28. Acceptance of Terms and Conditions. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by MTA contrary to those set forth above. Depending on publishing context, by either clicking on the button marked "accept", or by clicking on the checkbox marked to indicate acceptance, you acknowledge that you have reviewed and agree to all of the above provisions, disclosures and disclaimers.
