FOCUSHEALTH WEBSITE TERMS AND CONDITIONS OF USE

Access to and use of the FocusHealth website (“Site”) is provided subject to the following terms and conditions (“Terms and Conditions of Use”).

• Your Use of this Website and Binding Arbitration, No Emergency Services

Please read these Terms and Conditions of Use carefully. Your acceptance of, and compliance with, these Terms and Conditions of Use is a condition to your use of the Site. By using our Site, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms and Conditions of Use, the HIPAA Notice of Privacy Practices at www.FocusHealthMedGroup.com, and our Privacy Policy at www.FocusHealthMedGroup.com. If you do not agree to be bound by these terms, you are not authorized to access or use this Site; promptly exit this Site. You may print and keep a copy of this agreement.

Binding Arbitration. These Terms and Conditions of Use provide that all disputes between you and FocusHealth that in any way relate to these Terms and Conditions of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms and Conditions of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Binding Individual Arbitration for the details regarding your agreement to arbitrate any disputes with Focus Health. 

FocusHealth does not provide medical advice or care through the Site. 

**Emergencies** THIS SITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. FOCUS HEALTH IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS SITE.

• These Terms and Conditions of Use May Change

FocusHealth reserves the right to change and modify these Terms and Conditions of Use, and/or withdraw the information and/or products and services in this Site, at any time without notice, effective upon posting.  If we do make any changes, we will update this document accordingly.  It is your responsibility to access this document whenever you visit this Site to determine if there have been any changes to these Terms and Conditions of Use.  By using this Site, you will be indicating that you agree to be bound by the changes.  If you do not agree to be bound by the changes, do not use this Site.

• Intellectual Property Rights

The content on the Site, except for all content created by users, including without limitation, the trademarks, service marks, logos, or other proprietary information, such as images, text, page layout, or form, contained therein, is owned by or licensed to FocusHealth, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  FocusHealth reserves all rights not expressly granted in and to the Site and the materials on this Site.  You agree to not engage in the use, copying, or distribution of any of the materials on this Site other than expressly permitted by FocusHealth, including any use, copying, or distribution of third parties’ materials obtained through the Site for any commercial purposes.  If you download or print a copy of the materials on this Site for personal use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any materials on this Site or enforce limitations on use of the Site or the materials therein. You may not use any meta tags or any other “hidden text” utilizing FocusHealth’s name or trademarks without the express written consent of FocusHealth. You may not misuse the Site. You may use the Site only as permitted by law. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of FocusHealth without our express written consent.

• Usage Restrictions

Material from this Site is owned, maintained, operated, licensed or controlled by FocusHealth.  Modification or use of the materials for any other purpose violates intellectual property rights.  Except as described otherwise, all materials in this Site are made available only to provide information.  Use of this Site is prohibited where such use is in violation of the laws of the State of California or the United States of America, or in violation of local laws.  The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Site; and (iii) conducting fraudulent activities on or in relation to this Site.

The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by FocusHealth. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by FocusHealth, or in connection with any communications supported by FocusHealth, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. 

In order to access the Site, you represent and warrant that you are older than 18 years old. If you are under the age of eighteen (18) and wish to use our Site, your parent or legal guardian must agree to your use of the Site, submit your personal information, and agree to these Terms and Conditions of Use on your behalf. If you are under the age of 13, you may only use and access our Site with the supervision and consent of your parents or legal guardians. If we learn that we have collected personal information from someone under the age of 13 without parental consent, we will promptly delete that information. If you believe we have improperly collected personal information from someone under the age of 13, please contact us at [email protected].

You may use this Site only to the extent that you obey all laws, rules, and regulations applicable to your use of this Site. FocusHealth operates subject to state and federal laws and regulations, and the Site may not be available in your state. Access to and use of the Site is limited exclusively to users located in states within the United States where FocusHealth services are available. Accessing the Site from jurisdictions where content is illegal is prohibited.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms and Conditions of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. FocusHealth may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

FocusHealth cannot and does not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. FocusHealth does not assume any responsibility or risk for damage to your computer or its files related to your use of the Site.

• Indemnification

BY VISITING OR USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FOCUS HEALTH, ANY AFFILIATED ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “FOCUS HEALTH PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU OR A THIRD PARTY MAY INCUR IN CONNECTION WITH YOUR USE OR MISUSE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY USER CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED FOCUS HEALTH OF THE POSSIBILITY OF SUCH CLAIM.

• Links

This Site may be linked to other third-party websites which are not controlled by FocusHealth.  FocusHealth is not responsible for the content of those websites.  Inclusion of a link to a third-party website does not imply or constitute an endorsement by FocusHealth.  All such third-party websites are wholly independent from this Site and from FocusHealth, and FocusHealth has no control or power over such websites including their content.  The views, opinions, statements, offers or other information or content expressed in such websites are those of the respective author(s) or distributor(s) and not FocusHealth.  If you visit any of the linked websites, we urge you to review their respective terms and conditions of use, as well as their policies on privacy and security.  Mention of and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated.

THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON THIRD PARTY WEBSITES OTHER THAN THOSE CREATED BY FOCUS HEALTH OR ITS AFFILIATES OR AGENTS IS BEYOND THE CONTROL OF FOCUS HEALTH, AND FOCUS HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH WEBSITES.

• Digital Millennium Copyright Act (“DMCA”) Notice

The Digital Millennium Copyright Act of 1998 provides protection to copyright owners and establishes recourse against copyright infringement.  It is our policy not to permit materials known by us to be infringing to remain on this Site.  If you believe that material on our Site infringes a third-party copyright, you may send FocusHealth a notice of copyright infringement under the DMCA.  Upon receipt of a proper notice of claimed infringement, we will respond promptly by removing or disabling access to the material claimed to be infringing that is in our direct control.  Please send all notices in writing to: [email protected]; or, alternatively, to: FocusHealth Medical Group, Attn: DMCA, 8695 Spectrum Center Blvd, San Diego, 92123.

• Personally Identifiable Information

Personally Identifiable Information (“PII”) is information that identifies you or could reasonably be used to identify you personally (such as your name, address, phone number, or email address).  We may also ask you to provide us with certain PII in connection with the use of this Site and the services provided by FocusHealth.

No data transmission over the Internet or any wireless network can be guaranteed to be secure.  As a result, while we try to protect your PII, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.  We are not liable for the illegal acts of any third party.

By providing your PII to FocusHealth and by accepting these Terms and Conditions of Use, you are agreeing to receive communications by FocusHealth or on behalf of FocusHealth relating to the Site, including but not limited to service-related informational, educational, and marketing communications.

• Non-Personally Identifiable Information

When your computer contacts our web servers (for example, when you visit this Site, or view an HTML email), our web servers automatically collect Site usage information.  Site usage information is non-identifying information that describes how our visitors use and navigate our Site.  It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP addresses (see below for more information on IP addresses).  We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, email or similar service.  This information is used to analyze and improve this Site and customer experience.

• Cookies

Like many websites, we use “cookies.”  Cookies are pieces of information that our Site either transfers to your computer’s hard drive or stores temporarily in your computer’s memory for record-keeping purposes.  We may use cookies for a number of purposes, including but not limited to tracking browsing activity information in order to improve the quality of our services, such as the best method and time to contact you.  We may use and disclose your browsing activity information to the extent permitted by these Terms and Conditions of Use or by law.  Other examples of the ways we use your browsing activity include: marketing development, tracking data and resources accessed on our Site, updating and servicing our Site, and tracking the identity of the Site you visited immediately prior to vising this Site.  Most browsers accept cookies automatically.  You can reset your browser to refuse all cookies or to indicate when cookies are being sent.  However, we recommend that you leave cookies “turned on” so that we can offer you a better experience on this Site.  If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Site. 

• Use of IP Addresses

An IP address is a number that is assigned to your computer or network when you are linked to the Internet.  When you request pages from this Site, our servers log your IP address.  We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners, or to audit the use of the Site.  We may associate your IP address with the PII you provide.  We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

1. Electronic Communications and Signatures.

When you use this Site, send emails, messages and other communications from your computer or mobile device to FocusHealth, or use our services, you are communicating with us electronically.  By agreeing to these Terms and Conditions of Use, you consent to receive communications from us electronically. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. All agreements and consents signed by you electronically shall be deemed to have the same legal effect, validity and enforceability as a manually executed signature or the use of a paper-based record keeping system, as applicable.

• Consent to Receive Electronic Communications

By providing your personally identifiable information, non-personally identifiable information, cookies, and IP addresses, you consent to receive electronic communications from FocusHealth and from third parties providing support or information for this Site or to FocusHealth.  Electronic communications include, but are not limited to, e-mails, text messages, and telephone calls to provide educational, informational or marketing resources.  

• Consent to Receive Electronic Communications, Telephone Calls and SMS/MMS Mobile Messages

By providing your email or phone number, you agree to be contacted via email, telephone calls, or SMS/MMS mobile messages by FocusHealth and FocusHealth clinics, or by a third party acting on behalf of FocusHealth and FocusHealth clinics, to receive informational, product or service-related (e.g., progress tracking, refill reminders, check-up reminders, etc.) and marketing communications relating to the Site at the phone number you have provided.  Message and data rates may apply.  For help, please call (858) 541-0181. 

You understand that email and standard SMS messaging are not confidential methods of communication and may be insecure. You further understand that, because of this, there is a risk that email and standard SMS messaging regarding your medical care might be intercepted and read by a third party. You can cancel the SMS service at any time. Just text “STOP” to us. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected].

• Notice of Privacy Practices

Each of the FocusHealth entities, their related sites, locations, and care providers follow the terms of our Notice of Privacy Practices and you may refer to that document to understand the protections applied to your Protected Healthcare Information. To read more about our privacy practices regarding health and medical information under the Health Insurance Portability and Accountability Act (“HIPAA”), visit our Notice of Privacy Practices at www.FocusHealthMedGroup.com.

• No Warranties

THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED TO YOU ON “AS IS” BASIS AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  FOCUS HEALTH AND ITS AFFILIATES, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS SITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS SITE, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  FOCUS HEALTH AND ITS AFFILIATES AND AGENTS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, AND NON-INFRINGEMENT OF THE INFORMATION CONTAINED IN THIS SITE.  FOCUS HEALTH AND ITS AFFILIATES AND AGENTS DO NOT WARRANT THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

FOCUS HEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOCUS HEALTH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

• Limitation on Liability

NEITHER FOCUS HEALTH NOR ANY OF ITS AFFILIATES AND AGENTS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGE, LOSS, HARM, OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THIS SITE, WHETHER CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING FOCUS HEALTH FEATURES OR CONTENT OR OTHERWISE.  IN NO EVENT WILL FOCUS HEALTH OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY USERS IN RELIANCE ON SUCH FEATURES OR CONTENT.  FOCUS HEALTH AND ITS AFFILIATES AND AGENTS SHALL NOT BE LIABLE TO USERS OR ANYONE ELSE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY ATTORNEYS’ FEES, COSTS, EXPENSES, OR DAMAGES, INCLUDING, WITHOUT LIMITATION, GENERAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, INDIRECT, EXEMPLARY, OR SIMILAR DAMAGES, OF ANY KIND ARISING OUT OF YOUR USE, ACCESS OR INABILITY TO ACCESS THIS SITE OR YOUR RELIANCE UPON ANY INFORMATION CONTAINED IN THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  

• Disputes

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact [email protected] with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and FocusHealth, including its processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of these Terms and Conditions of Use to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and FocusHealth including, but not limited to, any claims relating in any way to these Terms and Conditions of Use (including its breach, termination, or interpretation), any other aspect of our relationship, FocusHealth advertising, and any use of FocusHealth services.

• Binding Individual Arbitration

You and FocusHealth agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST FOCUS HEALTH. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator, according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in San Diego, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, FocusHealth will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and FocusHealth also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in San Diego, California, or federal court for the Southern District of California.

• Entire Agreement

These Terms and Conditions of Use constitute the entire understanding and agreement between FocusHealth and you with respect to the subject matter hereof and supersede any and all prior understandings or agreements, whether electronic, oral, or written.

• Severability

These Terms and Conditions of Use shall be deemed severable.  In the event that any provision of these Terms and Conditions of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

• Governing Law

Your use of this Site and all related rights and obligations shall be governed by the laws of the United States of America and the State of California, as if your use was a contract wholly entered into and wholly performed within the State of California.