MaleMD

Please read these Terms of Service (the “Terms” or “Agreement”) carefully. The Terms govern your use of the Service(s), Product(s), and Website (as defined below) and constitutes your consent to this Agreement. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

This Agreement is among you and and our provider entities (collectively, “Company” or “We” or “Us” or “Male MD”) concerning your use of (including any access to) the Male MD website currently located at https://MaleMD.com (together with any materials and services available therein, and successor site(s) thereto, the “Website”), use of our products and services, mobile applications, and/or other communication channels under our control such as email, telephone, or social media (“Service(s)”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Website, or otherwise made available to you by Company (“Additional Terms”).

Please note that the Website may identify or make available products or services (which may include healthcare services, drugs or medical devices) of certain third-party healthcare providers. Such products or services are considered Third Party Materials, as defined below. Male MD LLC., itself is not a healthcare provider, and is not responsible for any such Third-Party Materials.

BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR THE AGE OF MAJORITY) OR HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT IF YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE BUT UNDER EIGHTEEN (18) YEARS OF AGE. NOTWITHSTANDING THE FOREGOING, MINORS UNDER THIRTEEN (13) YEARS OLD ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR TO ENTER INTO THIS AGREEMENT, EVEN IF A PARENT OR LEGAL GUARDIAN WOULD BE WILLING TO PROVIDE CONSENT. A parent or legal guardian of an individual under the age of eighteen (18) may prohibit such individual’s use of the Website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Website without your consent or authorization, please contact us at support@malemd.com.

1. Changes

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes.

Your use of the Website following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links); charge, modify or waive any fees required to use the Website; or offer opportunities to some or all Website users.

2. Information Submitted Through the Website; Jurisdiction

Your submission of information through the Website and/or Services is governed by Company’s Privacy Notice, located at  (the “Privacy Notice”). You represent and warrant that any information you provide in connection with the Website or Services is and will remain accurate and complete and that you will maintain and update such information as needed.

The Website and Services are controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Website or Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website or Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Website or Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

3. Subscription Program Terms

By signing up for Male MD and creating an account, you agree to our subscription program terms (“Subscription Program” or “Program”) and your membership in the Program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the Program at any time without notice to you. Limit one account per person.

AS A MEMBER OF OUR SUBSCRIPTION PROGRAM, THE VALID CREDIT CARD NUMBER YOU PROVIDED AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT WILL BE AUTOMATICALLY CHARGED ON A GOING-FORWARD BASIS AT THE TIME OF EACH SHIPMENT OF PRODUCT IN EITHER MONTHLY INSTALLMENTS OR EVERY TWO MONTHS (AT YOUR ELECTION) ON THE SAME DATE EACH MONTH OR THE SAME DATE EVERY TWO MONTHS (AS APPLICABLE). IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY CANCELLING YOUR MEMBERSHIP AT MALEMD.COM UNDER YOUR ACCOUNT TAB AFTER LOGGING IN. YOU MUST CANCEL BEFORE YOUR NEXT SHIPMENT IN ORDER TO AVOID BEING CHARGED FOR THE NEXT RECURRING SHIPMENT.

Refunds & Returns: Our partner doctors typically review submissions and write prescriptions within a couple hours (If approved). Once that happens, our pharmacy begins to mix your custom formula and ship out the same day in many cases. Consumer protection law prohibits the return of prescription medication. Male MD does not accept returns or provide refunds for prescription products once they have shipped.

It is your responsibility to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, credit card expiration date, or telephone number). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made at Malemd.com under payment information under your account tab. If your credit card fails to process for a shipment, your membership in our Subscription Program may be terminated. Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and the necessary funds or credit available to cover your purchase.

Price. Company reserves the right to determine the pricing of its products. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Company may change the fees for any feature or product, including additional fees or charges, if Company provides advance notice of changes before they apply. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

No Purchase For Resale Allowed. Company sells its products direct to You (end consumers) through the subscription service. Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If Company believes you are involved in purchase for resale, Company reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

4. Consent to Communications; Acknowledgments

By entering into this Agreement you agree to receive communications from Company, including via email, text message, SMS message, voice call, and push notifications (“Communications”). Voice calls and texts will be to the phone number you have supplied with your account information. You agree that texts may be made using automatic dialing systems or other automated technologies. Communications from or on behalf of Company may include but are not limited to: operational communications concerning your user account or use of the Company’s products and platform; informational communications concerning shipping, your payment method on file, messages from your provider, and reminders to complete your account set-up; marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive Communications is not a condition of any purchase.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF ALL TEXTS (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL TEXTS), YOU CAN TEXT THE WORD “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICE.

You understand that you will periodically receive correspondence from Company at the email address you register with your account. Text message frequency varies. While correspondence sent from Company to you will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your account indicates your consent for Company to transmit your Personal Information, including your Health Information, to such address.
For more information on Personal Information and Health Information, review our  Privacy Notice.
You understand that the telehealth services and any customized prescription products made available through the Website are provided by U.S. licensed medical providers. Male MD LLC., is not itself a healthcare provider.
You understand that the Website, Services, and Products (as “Products” is defined in Section 6, below) facilitate consultations limited to the diagnosis and treatment (and related conditions), and not for any other medical conditions, including cancer conditions.
You understand that the Website and Services are not a substitute for the in-person treatment or advice of your local specialist, primary care physician or any other qualified healthcare professional.
You understand that you should never delay seeking advice from your specialist, primary care physician or any other health professionals due to any diagnosis, advice or other information provided (or the omission of any such information) by Company, the Website, Services, or Products, or a healthcare provider through Company, the Website, Services, or Products.
You understand that the Website, Services, and Products are not to be used in connection with medical emergencies. If you are experiencing a medical crisis, please call 9-1-1 or contact your local emergency assistance services immediately. If you are not feeling well, please contact your primary care physician.
You understand that Company undertakes no obligation to review the inactive ingredients and/or the base ingredients in any product that is recommended or sold to you through the Website or Services, including, without limitation, to ascertain that you are not allergic to such inactive or base ingredients. You further understand that it is solely your responsibility to review those ingredients, as listed on the Website. If you have any questions or are experiencing any issues with Company Communications to you, please contact support@malemd.com

5. Rules of Conduct

In connection with the Services, Website, and Products, you must not:

Contact or seek to contact any healthcare professional associated with Company outside of the Website. This is in order to protect both patients and healthcare professionals and to ensure that diagnosis and treatment is delivered in a reliable, continuous and controlled environment.
Post, transmit or otherwise make available through or in connection with the Website any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication.
Use the Website for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful.
Create a false identity for the purpose of misleading others, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
Harvest or collect information about users of the Website.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Website.
Infringe the patent, trademark, trade secret, copyright or other intellectual property or other rights of another person or entity.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein or otherwise use the Website for the benefit of a third party or to operate a service bureau, without Company’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Website.
Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Company’s express prior written consent.
Systematically download and store Website content.
Attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into or used in connection with the Website.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without Company’s express prior written consent.
“Frame” or “mirror” any Male MD content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

In connection with the Website, you shall notify Company immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Website and to comply with any corrective action taken by Company.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Website.
We reserve the right to investigate any transactions, activity, or interaction with our Website, Services, or Product(s) that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s). We reserve the right to cancel any order, shipment, consultation, and/or terminate any account that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s), including, without limitation, by engaging in a pattern of creating multiple accounts. Any failure to comply with this Agreement, any fraud or abuse, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your account. If Company has any reason to suspect fraudulent activity is associated with your account, Company reserves the right to delay or withhold Products and/or Services. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. Company decisions are final.

6. Products

The Website may make available listings, descriptions and images of goods or services or related coupons, discounts or trials of goods or services (collectively, “Products”), as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product. Male MD reserves the right to limit any initial offers to new subscribers.

7. Transactions

We may make available the ability to (i) communicate with a healthcare provider and (ii) purchase or otherwise obtain certain Products through the Website, including goods or services (both (i) and (ii) referred to as a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card or other payment information that you submit in connection with a Transaction. By submitting such information, you hereby authorize Company to charge you and grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If your payment method fails or fees associated with your Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file (including with Stripe) and/or retaining collection agencies and legal counsel. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. We reserve the right to change the types of Transactions for which we charge, and we reserve the right to charge for consultations with your healthcare provider. Subscriptions of Products or services are subject to the terms and conditions applicable to such trials and subscriptions available on the Website.
Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

8. Registration; User Names and Passwords

You may need to register to use all or part of the Website. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or Website account. You are limited to one active Website account and You may not use the Website account of any other Male MD user at any time. If you are under the age of 18, your user name and password should also be shared with your parent or legal guardian for the purposes of monitoring your medical care.
Your cooperation is imperative in safeguarding your Personal Information. Choose your account password carefully, as anyone with access to your account password will be able to assume your online identity and view your medical information, change your Personal Information, and communicate with your Male MD affiliated health care providers. It is your responsibility to prevent disclosure of your password to others, and to change your password if you feel that its security has been compromised. You may change your password from your account profile page after logging into your account. Additionally, you will periodically receive correspondence from Company at the email address you register with your account. While these emails will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your account indicates your consent for Company to transmit your Personal Information, including your Health Information, to such address. For more information regarding our privacy practices, please review our Privacy Notice located at here.

9. Profiles and Forums

Website visitors may make available certain materials (each, a “Submission”) through or in connection with the Website, including on profile pages, on social media or on the Website’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Submissions do not include your health information. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

10. License

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwis e), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Website or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.

11. Monitoring

eview, analyze, store, evaluate, alter or remove Submissions or any messages, information, content or other materials sent to you, or received by you, in connection with the Website, at any time, including while it is in transit, and before and after it is stored or made available through the Website, and to monitor, review, analyze or evaluate your access to or use of the Website, in each case by manual, automated or other means, and in each case for any purpose, including marketing and advertising and such purposes as may be described in the Privacy Notice. We may disclose information regarding your access to and use of the Website, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

12. Your Limited Rights

Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Website, you may view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.

13. Company’s Proprietary Rights

We and our suppliers own the Website, including the software, code, proprietary methods, systems, content and any other intellectual property or proprietary rights used to operate the Website (the “Website IP”), which is protected by proprietary rights and laws. The Website IP also includes our trade names, trademarks and service marks, which include MALE MD, and any associated logos. All Website IP on the Website not owned by us are the property of their respective owners. You may not use Website IP in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except for the limited license set forth in Section 12, nothing contained on the Website should be construed as granting any right to use any Website IP without the express prior written consent of the owner.

14. Third Party Materials; Links

Certain Website functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“ Third Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF Third Party Materials IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH Third Party Materials (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH Third Party Materials). COMPANY ACCEPTS NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES OR SERVICES.

15. Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ANY PROVIDER ENTITIES, AND THEIR AFFILIATES AND RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the Website, we do not guarantee that the Website is or will remain updated, complete, correct or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any such alteration, contact us at support@malemd.com with a description of such alteration and its location on the Website.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE WEBSITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE WEBSITE AND (2) ONE HUNDRED U.S. DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND/OR PRODUCTS. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Applicable law in states other than New Jersey (which is addressed in Section 24, below) may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations of liability may not apply to you, and you may have certain additional rights.

18. Indemnity and Release

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Website (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

19. Termination

This Agreement is effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to support@malemd.com. Company may terminate, discontinue, cancel, suspend, change or limit access Your use of the Website or Services at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of at least five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23, or as required by state or federal law. Sections 2–6, 8–11 and 13–25 shall survive any expiration or termination of this Agreement. Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section 19 shall be subject to compliance with any notice or waiting period provided by applicable law. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of your ability to use the Website, Services, or Product(s). If you are dissatisfied with any aspect of the Website, Services, or Product(s) at any time, your sole and exclusive remedy is to cease participating in the Website, Services, and Product(s). Termination will not prejudice either you or our remedies at law or in equity.

20. Dispute Resolution & Arbitration;

Governing Law
(a) Generally. In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, and except as described in Section 20(b), you and Company agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, your use of the services and/or the Male MD products, and our communications with you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Despite the provisions of Section 20(a), nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
(c) Arbitrator. Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
(d) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Company’s address for Notice is:. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or by Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Company in settlement of the dispute prior to the award, Company will pay to you the higher of: (A) the amount awarded by the arbitrator; or (B) $10,000.
(e) Fees. If you commence arbitration in accordance with this Agreement, Company will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in city, state, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(f) No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Modifications to this Arbitration Provision. If Company makes any future change to this arbitration provision, other than a change to Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Company’s address for Notice of Arbitration.
(h) Enforceability. If Section 20(f) is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to this Agreement.
(i) If you do not wish to resolve Disputes by binding arbitration, you may opt out of the provisions of this Section within 30 calendar days after the date that you agree to these Terms by sending a letter to Male MD, Inc., Attention: Legal Department –. In order to be effective, the letter must be received by Company within 30 calendar days of your acceptance of these Terms and your letter must specify: your full legal name, your current residential address, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”).
This Agreement is governed by the laws of the State of California without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Website from our offices in California, and we make no representation that the Website is appropriate or available for use in other locations.

21. Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.

22. Information or Complaints

If you have a question or complaint regarding the Website, Product(s), or Service(s), please send an e-mail to support@malemd.com. You may also contact us by writing. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

23. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Company’s DMCA agent as follows: by e-mail to info@malemd.com. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

24. Important Note to New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnity Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the California governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

25. Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

26. Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction, including, without limitation, those rights or obligations relating to your Website account and any information that you provide or that has been provided on your behalf to Company or that has been collected by Company in connection with Company’s business operations or through the Website. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” To the extent there is a conflict between the provisions in this Agreement and any Additional Terms incorporated herein by reference, the latter shall have precedence. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall 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. Company will not be responsible for any failure to fulfill any obligation or any delay in performing any of its obligations, if the delay or failure was due to any cause beyond Company’s reasonable control including but not limited to severe weather, power, or other utility cut-off, natural disaster, strikes, governmental action, epidemic, pandemic, terrorism, war, civil unrest, or other similar events of “force majeure”.
Website © 2020 Male MD, Inc. unless otherwise noted. All rights reserved.

Male MD offers an online communication platform for Providers and their patients to connect via the website through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. Male MD does not provide medical advice or care. We use the information you share with us to help provide you with a customized experience from when you start interacting with us to providing you your own personalized treatment plan. Male MD, LLC and our provider entities (“Male MD,” “we,” “us,” or “our”) take your privacy and trust in us seriously. We are committed to protecting the privacy and security of the information that you share with us. The purpose of this Privacy Notice is to explain how we may collect, use, store, disclose, or otherwise process your personal information when you interact with us through the Male MD website located at https://malemd.com/ , our mobile application(s), our products and services, and/or other communication channels under our control such as email, telephone, or social media that link to this Privacy Notice (collectively, “Services” or “Website”). The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. All capitalized terms not otherwise defined in this Privacy Notice have the same meaning as set forth in the Male MD Terms of Service, available here: https://malemd.com/terms. IF YOU DO NOT WISH TO ACKNOWLEDGE OR ACCEPT THIS PRIVACY NOTICE, PLEASE DO NOT USE THE SERVICES.

Table of Contents

Collection of Information
Sources of Information
Use of Information
Sharing of Information
Security of Information
Retention of Information
California Privacy Rights
International Transfers
Updates
Contact Us
Medical group policy

Collection of Information

Male MD collects and stores a variety of information when you use our Services. The specific types of information we collect will depend on the Services you use, but may include the following:

Personal Information:
Personal information means information associated with or used to identify or contact a specific person. Personal information we collect may include:

Identifiers such as your first and last name, date of birth, sex or gender, physical address, email address, phone number, identification numbers, etc.
Audio, visual, and other electronic information such as photographs and videos for purposes other than diagnosis or treatment
Commercial information such as your order history, products purchased or considered, payment information, and shipping history
Internet and network activity information such as IP address, geolocation information, device information, log data, and cookies and similar technologies
Inferences drawn from any of the information collected about you such as your preferences, characteristics, and behavior, etc.

Health Information:
Health information is a type of personal information that includes any identifying information we collect relating to your medical history, including symptoms, diagnoses, treatment and outcomes. Health information we collect may include:

Audio, visual, and other electronic information such as photographs and videos for purposes of diagnosis or treatment
Medical history such as medical conditions, medications, allergies, treatment options, prescriptions, and any other health-related information for purposes of diagnosis or treatment.
Commercial information such as your order and shipping history

Persons Under the Age of 18
Persons under the age of 18 are prohibited from using our Services. You consent to verification of your identity to establish your age through use of MaleMD’s third-party identification service provider. Male MD does not knowingly collect any information from persons under the age of 18. If you are a parent or guardian of an individual under the age of 18 and believe your child has disclosed personal or health information to Male MD without your authorization, please contact us at support@malemd.com.

Sources of Information

We collect information about you from the following categories of sources:

You (Actively) You may actively provide us information when you use our Services such as through our websites, emails, social media, surveys, sweepstakes and promotions, or any other online or offline interactions.

You (Passively) You may also passively provide us information through your interactions and use of our Services such as your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We may use cookies and other tracking technology to collect this information.

Third Parties We may receive information from third parties such as affiliates, business partners, and service providers to operate our business and improve your experience and interactions with us.

Publicly Available Databases We may receive information that is available publicly, either online or offline, to operate our business and improve your experience and interactions with us.

Use of Information

Male MD and our service providers may use information about you to:

Prior to initiating the application questionnaire, you authorize MaleMD to use information shared with us to verify your identification through the use of third party vendors before we create your account. The process is used to verify your identity as the holder of an account with us.
Provide telehealth and related services;
Verify your identity as the holder of an account with us;
Administer your account, process payments, troubleshoot issues, and provide you with customer support;
Communicate with you about the Services, and to deliver any administrative notices or alerts and communications relevant to your use of the Services;
Allow you to participate in sweepstakes, contests, or other promotions;
Market our services and those of third parties that we believe may be of interest to you;
Tailor the features, performance and support of the Services to you and your preferences;
Provide, operate, analyze usage of, and improve the Services, including performing product research and development;
Investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service or other policies;
Make sure our terms, policies, and agreements with you and any third parties are enforced;
Comply with applicable laws and regulations.

Email & Text Communications

Male MD may send you marketing emails or texts to let you know of the latest news on our products and services. If you wish to stop receiving marketing emails from us, you can opt out by clicking the unsubscribe link in the footer of any marketing email or contact us at support@malemd.com. Please be aware that you cannot opt out of transactional emails. Transactional emails are emails we send you relating to your account or in connection with providing you the Services such as emails changing your password, emails in response to your support request, and emails from your medical provider. If you wish to opt out of all texts (including operational, promotional, or transactional texts), you can text the word “STOP” from the mobile device receiving the text messages.

Online Analytics

We use third-party service providers such as Google Analytics by Google LLC (“Google”) to track and analyze Website traffic through the use of cookies and other tracking technology. This allows us to show you advertisements and content that may be of interest to you based on your interactions with the Services, other online services, and/or information received from third parties. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: policies.google.com/privacy. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: tools.google.com/dlpage/gaoptout.

Do Not Track

Certain web and mobile browsers allow you to send a signal to inform websites that you do not want your online activities tracked. At this time, we do not currently respond to “Do Not Track” signals or similar mechanisms.

We understand the importance of protecting the confidentiality of your information and limit our disclosure of your personal and/or health information to the following possible scenarios:

To licensed medical providers (including those who provide healthcare services, drugs, or medical devices) so that they may provide you with the telehealth and related products and services you request;
To third-party service providers acting on our behalf or to entities with whom we may collaborate with to deliver the Services;
In order to protect the safety and security of Male MD, the Services, our operations, our systems, our properties, our customers, or any other related person or entity;
In order to investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service or other policies;
In order to establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others;
In order to comply with applicable law or legal process such as a court order or subpoena;
In connection with any reorganization, restructuring, merger, sale, acquisition, financing, dissolution, or other transfer of assets under the condition that the recipient agrees to respect your information in a manner that is consistent with this Privacy Notice.

Security of Information

Male MD understands the importance of securing your information. We are continuously implementing and updating our administrative, technical, and physical security measures to protect your information. For example, we use firewalls to monitor and control our network traffic, encryption to secure our data transmissions, and cryptographic hash functions to store or share certain data. Please be aware that using the Internet comes with inherent risks. No method of data transmission or method of physical or electronic storage can be guaranteed to be perfectly secure. There is some risk that an unauthorized third party may find a way to circumvent our security or that a transmission of your information over the Internet will be intercepted. Male MD takes the measures stated above to provide a level of security appropriate to the risks of processing your information. You acknowledge and accept that we cannot guarantee the security of your information. Aside from our efforts in securing your information, it is your responsibility to protect the security of your account credentials and keep your password confidential. If you notice suspicious activity or believe that your account may have been compromised in some way, please contact us immediately at support@malemd.com.

Retention of Information

We may retain your information as required or permitted by applicable laws and regulations. For example, if you are a resident of certain jurisdictions you may be able to request to have your personal information deleted. If your request is granted, we may still be required by medical laws to retain your health information for a period of time. Your medical records will be retained by Company for a period of at least five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23 or as required by state or federal law.

California Privacy Rights

“Shine the Light” Law (California Civil Code § 1798.83)

California law permits California residents to request certain details about how their information is disclosed with third parties for third-party direct marketing purposes. We do not share your information with third parties for their direct marketing purposes.

Privacy Rights for California Minors in the Digital World Act

If you are a California resident under the age of 18 and are a registered user of the Services, then you may request that we remove information you posted on the Services. Please be aware that applicable state or federal law may prevent Male MD from deleting certain categories of information such as health information. Request for removals should include a description of the specific posted information (including information that will allow us to confirm it was created and posted by you) and should be sent to support@malemd.com.

California Consumer Privacy Act of 2018 (CCPA)

If you are a California resident you have the following rights subject to certain exceptions:

The right to know about what personal information in the last 12 months was collected, how it is used, and whether it is disclosed for a business purpose or sold to third parties;
The right to request deletion of personal information;
The right to opt-out of the sale of personal information; and
The right to non-discrimination for the exercise of privacy rights.

Male MD does not sell your personal information within the normal meaning of the word, but we do use cookies, pixels, and similar technology to improve your user experience. Like many websites, we share certain information, such as your IP address, device ID, click ID, or other similar online identifiers, with certain third-party advertisers in order to optimize our marketing activities and improve your user experience. This could be considered a “sale” under CCPA. If you wish to opt out of this activity, you may do so here. We will not discriminate against you for exercising your rights under the CCPA. Please note that requests pursuant to the CCPA are limited to non-medical personal information as the CCPA does not apply to health information governed by the CMIA. Before we approve your request(s), we will ask you to verify certain Personal Information that we have on file. You may submit a request to access or delete your personal information by emailing support@malemd.com filling out our online form here. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent, you or your authorized agent must provide written proof support@malemd.com that the agent has a valid power of attorney pursuant to California Probate Code sections 4000-4465 or by submitting a signed authorization form (available here). The table below summarizes the categories of personal information we have collected in the last 12 months and the categories of third parties who we have disclosed personal information to for a business purpose. The sources from which we collect personal information can be found in the above section entitled “Sources of Information.” The purpose for collecting personal information can be found in the above section entitled “Use of Information.”

Categories of Personal Information Collected (See Above Categories)	Categories of Third Parties (Disclosed to for a Business Purpose)
A. Identifiers	Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics)
B. Certain Personal Information (§1798.8)	Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics)
C. Certain Characteristics of Protected Classifications	Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Website Optimization, Data Analytics)
D. Commercial Information	Affiliated Entities; Medical Providers; Service Providers (Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics)
F. Internet or Network Activity Information	Service Providers (Customer Support/Feedback, Marketing Services, Operating Systems, Website Optimization, Data Analytics)
H. Certain Audio/Electronic/Visual/Similar Information	Affiliated Entities; Medical Providers; Service Providers (Operating Systems, Website Optimization, Data Analytics)
I. Professional/Employment-related Information	Affiliated Entities; Medical Providers; Service Providers (Talent Acquisition)
K. Inferences	Service Providers (Website Optimization, Data Analytics)

International Transfers

Your information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal information, to the United States and process it there. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Services.

Updates

We may update this Privacy Notice from time to time and make changes to our information practices as permitted by law. You can reference the date on the bottom to determine when this Privacy Notice was last updated. Any changes will become effective when we post the revised Privacy Notice on the Services. If you are registered for the Services, you will be notified of any material changes to this notice prior to them becoming effective. Your use of the Services following this notice means that you acknowledge and accept the revised Privacy Notice

Contact Us

If you have questions or concerns about this Privacy Notice, please contact us at support@malemd.com.

Medical Group Notice of Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice of Privacy Practices (the “Notice”) tells you about the ways we may use and disclose your protected health information (“medical information”) and your rights and our obligations regarding the use and disclosure of your medical information. “We” refers to, and this Notice applies to, [MD Integrations, Curexa Pharmacy], including, respectively, their providers and employees (“Medical Groups”).

(1) OUR OBLIGATIONS

We maintain the privacy of your medical information and notify affected individuals following a breach of unsecured medical information, in each case to the extent required by state and federal law. We provide you this Notice explaining our legal duties and privacy practices with respect to medical information about you.

(2) HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU

The following categories describe the different ways that we typically use and disclose medical information, the purposes for such uses and disclosures, and the reasons for such uses and disclosures. As noted below, we may contact you via different methods that you may approve, such as via text message, email, or through your Male MD account. In most instances, your initial communication with the applicable Medical Group will be through an interaction with the Medical Group.

Specifically speaking, the applicable Medical Group may communicate with you in the following specific ways and for the following specific purposes:

Type & Purpose

Email communications; To obtain information from you necessary to provide services to you, communicate with you about your diagnosis and treatment and provide you with information on special offers and deals
Texts; To obtain information from you necessary to provide services to you and communicate with you about your diagnosis and treatment
Customer Service Emails or text messages; To provide you with updates on problems with orders, late shipments, and other questions applicable to your provider visit(s)
Tracking emails; To notify you when prescriptions have been shipped, will arrive, and other confirmations
Order information; To provide information on content of orders (additional products or samples)
Referral programs; To provide you with information on benefits you may receive if you refer another patient to the Medical Group. Additionally, the applicable Medical Group may use and disclose your medical information for the following reasons. These categories are intended to be general descriptions only, and not a list of every instance in which we may use or disclose your medical information. Please understand that for these categories, the law generally does not require us to get your authorization in order for us to use or disclose your medical information.
For Treatment. We may use and disclose medical information about you to provide you with health care treatment and related services, including coordinating and managing your health care. We may disclose medical information about you to physicians, nurses, other health care providers and personnel who are providing or involved in providing health care to you (both within and outside of the applicable Medical Group(s)). For example, should your care require referral to a pharmacy for the provision of prescription drugs, we may provide that pharmacy with your medical information in order to aid the pharmacist in his or her treatment of you.
For Payment. We may use and disclose medical information about you so that we or may bill and collect from you, an insurance company, or a third party for the health care services we provide. This may also include the disclosure of medical information to obtain prior authorization for treatment and procedures from your insurance plan. For example, we may send a claim for payment to your insurance company, and that claim may have a code on it that describes the services that have been rendered to you. If, however, you pay for an item or service in full, out of pocket and request that we not disclose to your health plan the medical information solely relating to that item or service, as described more fully in Section IV of this Notice, we will follow that restriction on disclosure unless otherwise required by law.
For Health Care Operations. We may use and disclose medical information about you for our health care operations. These uses and disclosures are necessary to operate and manage our practice and to promote quality care. For example, we may need to use or disclose your medical information in order to assess the quality of care you receive or to conduct certain cost management, business management, administrative, or quality improvement activities or to provide information to our insurance carriers.
Quality Assurance and Utilization Review. We may need to use or disclose your medical information for our internal processes to assess and facilitate the provision of quality care to our patients. We may need to use or disclose your medical information to perform a review of the services we provide in order to evaluate whether that the appropriate level of services is received, depending on condition and diagnosis.
Credentialing and Peer Review. We may need to use or disclose your medical information in order for us to review the credentials, qualifications and actions of our health care providers.
Treatment Alternatives. We may use and disclose medical information to tell you about or recommend possible treatment options or alternatives that we believe may be of interest to you.
Appointment Reminders and Information about Health Related Benefits and Services. We may use and disclose medical information, in order to contact you (including, for example, contacting you by phone and leaving a message on an answering machine) to provide appointment reminders and other information. We may use and disclose medical information to tell you about health-related benefits or services that we believe may be of interest to you. See also the specific types of communications noted above.
Vendors. There are some services (such as billing or legal services) that may be provided to or on behalf of the Medical Groups through contracts with third parties, such as [MD Integrations, Curexa Pharmacy]. When these services are contracted, we may disclose your medical information to our vendor so that they can perform the job we have asked them to do. To protect your medical information, however, we require the business associate to appropriately safeguard your information.
Individuals Involved in Your Care or Payment for Your Care. We may disclose medical information about you to a friend or family member who is involved in your health care, as well as to someone who helps pay for your care, but we will do so only as allowed by state or federal law (with an opportunity for you to agree or object when required under the law), or in accordance with your prior authorization.
As Required by Law. We will disclose medical information about you when required to do so by federal, state, or local law or regulations.
Other. Subject to applicable legal requirements, and where appropriate for your medical care or required by law, we may also use your medical information (i) to avert an imminent threat of injury to health or safety, (ii) for organ donation purposes, for research, (iii) to appropriate military authorities if you are in the armed forces, (iv) for workers’ compensation programs, (v) for public health activities, (vi) for health oversight activities, (vii) for other legal matters, (viii) for law enforcement purposes, (ix) to coroners and medical examiners, or (x) for marketing or fundraising purposes
Electronic Disclosures of Medical Information. Under the law of certain states, we are required to provide notice to you if your medical information is subject to electronic disclosure. This Notice serves as general notice that we may disclose your medical information electronically for treatment, payment, or health care operations or as otherwise authorized or required by state or federal law.

In some cases, communications between you and Male MD will include health information in unencrypted forms (most notably email and text). The information included within these communications will never include highly-sensitive information including your medical history, medication prescribed outside of the Male MD Platform, and the photos your provide in your consultation. You are authorizing Male MD to communicate with you using unencrypted mediums (like email and text) for some PHI including, but not limited to your Male MD treatment plan, the name of your Provider, and the condition you’re seeking treatment for.

With this authorization, you understand the following risks of communicating using unencrypted mediums:

Email and texts can be forwarded, printed, intercepted, and stored by anyone with access to your email inbox or mobile phone.
These mediums are convenient, but are not appropriate for emergencies or time-sensitive information.
Your employers typically has the right to access any email received or sent by a person at work.
Staff other than your healthcare provider may read and process email.
Clinically relevant messages and responses will be documented and become part of your medical record at your Physician’s discretion.
Male MD is not liable for information lost or misdirected due to technical errors or failures.

(3) OTHER USES OF MEDICAL INFORMATION

Authorizations. There are times we may need or want to use or disclose your medical information for reasons other than those listed above, but to do so we will need your prior authorization. Other than expressly provided herein, any other uses or disclosures of your medical information will require your specific written authorization.
Psychotherapy Notes, Marketing and Sale of Medical Information. Most uses and disclosures of “psychotherapy notes,” uses and disclosures of medical information for marketing purposes, and disclosures that constitute a “sale of medical information” under applicable state and federal law require your authorization. The Medical Groups do not anticipate that they will or sell medical information or use or disclose any psychotherapy notes created by a Provider in the course of providing you mental health therapy except by your Provider to provide you with ongoing mental health care.
Right to Revoke Authorization. If you provide us with written authorization to use or disclose your medical information for such other purposes, you may revoke that authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose your medical information for the reasons covered by your written authorization. You understand that we are unable to take back any uses or disclosures we have already made in reliance upon your authorization, and that we are required to retain our records of the care that we provided to you.

(4) YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU

Certain laws and regulations provide you with certain rights regarding the medical information we have about you. The following is a summary of those rights.

Right to Inspect and Copy. Under most circumstances, you have the right to inspect and/or copy your medical information that we maintain in our possession in a designated record set, which generally includes your medical and billing records. To inspect or copy your medical information, you must submit your request to do so in writing to the applicable Medical Group at support@malemd.com. If you request a copy of your information, we may charge a fee for the costs of copying, mailing, or certain supplies associated with your request. The fee we may charge will be the amount allowed by state law. If your requested medical information is maintained in an electronic format (e.g., as part of an electronic medical record, electronic billing record, or other group of records maintained by the applicable Medical Group that is used to make decisions about you) and you request an electronic copy of this information, then we will provide you with the requested medical information in the electronic form and format requested, if it is readily producible in that form and format. If it is not readily producible in the requested electronic form and format, we will provide access in a readable electronic form and format as agreed to by the applicable Medical Group and you. In certain very limited circumstances allowed by law, we may deny your request to review or copy your medical information. We will give you any such denial in writing. If you are denied access to medical information, you may request that the denial be reviewed. Another licensed health care professional chosen by the applicable Medical Group will review your request and the denial. The person conducting the review will not be the person who denied your request. We will abide by the outcome of the review.
Right to Amend. If you feel the medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by the applicable Medical Group. To request an amendment, your request must be in writing and submitted to support@malemd.com. In your request, you must provide a reason as to why you want this amendment. If we accept your request, we will notify you of that in writing. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that (i) was not created by us (unless you provide a reasonable basis for asserting that the person or organization that created the information is no longer available to act on the requested amendment), (ii) is not part of the information kept by the applicable Medical Group, (iii) is not part of the information which you would be permitted to inspect and copy, or (iv) is accurate and complete. If we deny your request, we will notify you of that denial in writing.
Right to an Accounting of Disclosures. You have the right to request an “accounting of disclosures” of your medical information. This is a list of the disclosures we have made for up to six years prior to the date of your request of your medical information, but may not include disclosures for Treatment, Payment, or Health Care Operations (as described in this Notice) or disclosures made pursuant to your specific authorization (as described in this Notice), or certain other disclosures. To request a list of accounting, you must submit your request in writing to support@malemd.com. Your request must state a time period, which may not be longer than six years. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a twelve-month period will be free. For additional lists, we may charge you a reasonable fee for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.
Right to Request Restrictions. You have the right to request a restriction or limitation on the medical information we use or disclose about you for Treatment, Payment, or Health Care Operations. You also have the right to request a restriction or limitation on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. Except as specifically described below in this Notice, we are not required to agree to your request for a restriction or limitation. If we do agree, we will comply with your request unless the information is needed to provide emergency treatment. In addition, there are certain situations where we won’t be able to agree to your request, such as when we are required by law to use or disclose your medical information. To request restrictions, you must make your request in writing to support@malemd.com. In your request, you must specifically tell us what information you want to limit, whether you want us to limit our use, disclosure, or both, and to whom you want the limits to apply. As stated above, in most instances we do not have to agree to your request for restrictions on disclosures that are otherwise allowed. However, if you pay or another person (other than a health plan) pays on your behalf for an item or service in full, out of pocket, and you request that we not disclose the medical information relating solely to that item or service to a health plan for the purposes of payment or health care operations, then we will be obligated to abide by that request for restriction unless the disclosure is otherwise required by law. You should be aware that such restrictions may have unintended consequences, particularly if other providers need to know that information (such as a pharmacy filling a prescription). It will be your obligation to notify any such other providers of this restriction. Additionally, such a restriction may impact whether an insurance company will pay for related care that you may not want to pay for out of pocket (and which would not be subject to the restriction).
Right to Request Confidential Communications. You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you through a personal email address and not at work or, conversely, only at work and not a personal email address. To request such confidential communications, you must make your request in writing to support@malemd.com. We will not ask the reason for your request, and we will use our best efforts to accommodate all reasonable requests, but there are some requests with which we will not be able comply. Your request must specify how and where you wish to be contacted.
Right to an Email or Paper Copy of This Notice. You have the right to a paper copy of this Notice. You may ask us to give you a copy of this Notice at any time. To obtain a copy of this Notice, you must make your request in writing to support@malemd.com.
Right to Breach Notification. In certain instances, we may be obligated to notify you (and potentially other parties) if we become aware that your medical information has been improperly disclosed or otherwise subject to a “breach” as defined in and/or required by applicable law.

(5) CHANGES TO THIS NOTICE

We reserve the right to change this Notice at any time, along with our privacy policies and practices. We reserve the right to make the revised or changed Notice effective for medical information we already have about you as well, as any information we receive in the future. We will post a copy of the current notice, along with an announcement that changes have been made, as applicable, on our website and in any physical office in which the Medical Groups practice medicine. When changes have been made to the Notice, you may obtain a revised copy by writing to support@malemd.com.

(6) COMPLAINTS

If you believe that your privacy rights as described in this Notice have been violated, you may file a complaint with the applicable Medical Group at support@malemd.com.

The Medical Groups will not retaliate against any individual who files a complaint. You may also file a complaint with the Secretary of the Department of Health and Human Services.

In addition, if you have any questions about this Notice, please contact support@malemd.com.

LAST UPDATED: March 15, 2022

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YOU UNDERSTAND THAT BY CHECKING THE "AGREE" BOX FOR THESE TERMS OF USE AND/OR ANY OTHER SUCH FORM OF THE SAME PRESENTED TO YOU FROM TIME TO TIME ON THE SITE YOU ARE AGREEING TO THESE TERMS OF USE AND THAT SUCH ON-GOING ACTIONS IN USING THE SITE CONSTITUTE A LEGAL SIGNATURE AND ON-GOING AGREEMENT TO THESE TERMS OF USE (IN WHATEVER FORM).

All capitalized terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms of Use. For avoidance of any doubt, the terms "MaleMD", "we", "us", or "our" refer to MaleMD LLC and the terms "you" and "yours" refer to the person using the Service.

Telemedicine involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a member who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or member education, and may include, but is not limited to:

Electronic transmission of medical records, photo images, personal health information or other data between a member and a healthcare provider;
Interactions between a member and healthcare provider via audio, video and/or data communications; and
Use of output data from medical devices, sound and video files

The electronic systems used in the MaleMD Service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Possible Benefits of Telemedicine

Can be easier and more efficient for you to access medical care and treatment.
You can obtain medical care and treatment at times that are convenient for you.
You can interact with providers without the necessity of an in-office appointment.

Possible Risks of Telemedicine

Information transmitted to your provider(s) may not be sufficient to allow for appropriate medical decision making by the provider(s).
The inability of your provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you.
Your provider may not able to provide medical treatment for your particular condition via telemedicine and you may be required to seek alternative care.
Delays in medical evaluation/treatment could occur due to failures of the technology.
Security protocols or safeguards could fail causing a breach of privacy.
Given regulatory requirements in certain jurisdictions, your provider(s) treatment options, especially pertaining to certain prescriptions may be limited.

By accepting this Consent to Telehealth, you acknowledge your understanding and agreement to the following:

I have read this special Consent to Telehealth carefully, and understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to me through MaleMD’s platform by "Providers".
I give my informed consent to the use of telemedicine by providers affiliated with MaleMD.
I understand that the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in my medical care and treatment may include uses of technology not specifically described in this consent.
I understand that while the use of telemedicine may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.
I understand that "Providers" may determine in his or her sole discretion that my condition is not suitable for treatment using telemedicine, and that I may need to seek medical care and treatment in-person or from an alternative source.
I understand that the same confidentiality and privacy protections that apply to my other health care services also apply to these telemedicine services.
I understand that I have access to all of my health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations.
I understand that I can withhold or withdraw this consent at any time by emailing MaleMD with such instruction. Otherwise, this consent will be considered renewed upon each new telemedicine consultation with "Providers".
I agree and authorize my health care provider to share information regarding the telemedicine exam with other individuals for treatment, payment and health care operations purposes.
I agree and authorize my health care provider to release information regarding the telemedicine exam to MaleMD and its affiliates.

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