AMONG OTHER ACTIVITIES, FRIDAY PLANS’ SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.
THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
INTRODUCTION
Friday Plans Inc., owns and operates the website located at fridayplans.com, (the “Website,” the “Site”). The Site is intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with access to pharmacy services; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to health care providers provided by Cupid Health, P.C., Cupid Health Texas P.A., Cupid Health P.A., and similar affiliated professional entities (the “Medical Group”) for communication, consultations, assessments, and treatment by such health care organizations and their providers.
These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Friday Plans Site that you may use to receive Services. Your access to and use of the Site is subject to these Terms of Use, our Privacy Policy https://members.fridayplans.com/inner/privacy-policy , as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived at the Site through a website or mobile application operated or controlled by a third party, including by an affiliate of Friday Plans, you understand and agree that these Terms of Use are entered into between you and Friday Plans. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Site, Services or any information or Content provided through the Site or Services. The Site and Services are continually under development, and Friday Plans reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Site or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Site and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
AVAILABILITY
Some of our Services are currently only available to individuals located in certain states.
ELIGIBILITY
In order to qualify to use the Services, the following must be true:
- You are age 18 or over.
- You are located in a State Where We Operate (depending on the type of Services).
- You agree to be legally bound by and comply with these Terms of Use.
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Friday Plans. In addition to the above requirements, Friday Plans and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
REQUIREMENTS FOR USE
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to your use of mobile services and the Internet.
TELEMEDICINE DISCLAIMER
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
- Interactions between a patient and health care provider via audio, video, and/or data communications;
- Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services 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.
Please see our Consent to Telehealth available on the Site https://members.fridayplans.com/inner/consent-to-telehealth for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.
PRIVACY POLICY
Friday Plans understands the importance of confidentiality and privacy regarding your health information. Please see: (1) our Privacy Policy available on the Site https://members.fridayplans.com/inner/privacy-policy or a description of how we may collect and use your personal information, and (2) the Friday Plans Professionals Notice of Privacy Practices applicable to the Medical Group and similar affiliated professional entities for a description of how these entities may use and disclose your medical information and how you may access that information. The Privacy Policy and Friday Plans Professionals Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use and are available on the Site.
YOUR RELATIONSHIP WITH FRIDAY PLANS
Friday Plans does not provide any medical services, including via the Site and Services. Rather, Friday Plans provides a technology platform for you to access a health care provider employed or contracted with the Medical Group or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a Medical Group or similarly affiliated health care provider through the Services, you are not entering into a provider-patient relationship with Friday Plans.
By accepting the Terms of Use, you agree and consent to Friday Plans, Friday Plans affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Friday Plans affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.
COMMUNICATIONS BY TEXT MESSAGE AND EMAIL
By opting-in to receive text (SMS) messages from Friday Plans or by sending Friday Plans an initial text message (an ['“SMS Enrollment”)), you consent to receiving text messages regarding your Friday Plans account and use of the Sites and Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from Friday Plans.
With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from Friday Plans, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from Friday Plans, or from Friday Plans to you, and (4) neither Friday Plans, nor your or Friday Plans’ mobile carriers, will be liable for delayed or undelivered messages.
Note that access to the Services and the Sites is not conditioned upon your consent to receive marketing or promotional text messages from Friday Plans, and you can opt-out of any of Friday Plans’ SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from Friday Plans, you will need to opt-out of each Friday Plans SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from Friday Plans that you have opted-in to receive but have not unsubscribed from.
You also understand that while Friday Plans takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Friday Plans are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to Friday Plans, and receiving text messages from Friday Plans, that are not encrypted. Likewise, by emailing Friday Plans, or giving Friday Plans your email, you consent to receiving unencrypted emails messages from Friday Plans.
If you are experiencing any issues with Friday Plans’ text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at support@fridayplans.com or call us at +1 (855) 962-5303 . If you have questions specific to your text or data plan, please contact your wireless provider.
CONSULTATIVE SERVICE
In some cases, a Medical Group or affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Friday Plans strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Friday Plans may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.
For more information regarding the health care services offered by health care providers utilizing the Services, please visit fridayplans.com.
SITE CONTENT
Except for specific communications received from Medical Group or affiliate health care organizations and providers, none of the Content you receive through the Site should be considered medical advice.
REGISTRATION AND USER ACCOUNTS
Although certain parts of the Site are accessible by any individual, you are obligated to register with Friday Plans in order to access the Services. The Services are available only to users who have registered with Friday Plans and to other persons affiliated with Friday Plans who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Friday Plans. If you do not maintain such information, or Friday Plans has reasonable grounds to suspect as much, Friday Plans has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Friday Plans of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Friday Plans at support@fridayplans.com. Friday Plans may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Friday Plans explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Site may not be accessible at any time, for any period, or for any reason; and (2) Friday Plans will not be liable if for any reason all or any parts of the Site are unavailable at any time or for any period.
ACCESS RIGHTS AND PROHIBITED USE
Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Site in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy. No other right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by Friday Plans or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site, Services or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to Friday Plans' detriment or commercial disadvantage; (h) take any action or use the Site in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Friday Plans or any of our service providers to protect our Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Site or any content made available to you on or through our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Friday Plans or third-party content from the Site; (n) otherwise use the Site in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE
With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy or related state-specific privacy laws and regulations), you understand and agree that any information you provide to Friday Plans on or through the Site or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Friday Plans and/or (i) Medical Group, (ii) similar affiliated professional entities, or (iii) individual health providers utilizing the Services.
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Friday Plans shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Friday Plans via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by Friday Plans, Friday Plans may create derivative works of any such data, and Friday Plans may provide such data to our service providers, our successors and assigns, Medical Group and affiliated health care providers, and their affiliated professional entities, in performance of their services; and (2) grant Friday Plans, our service providers, our successors and assigns, Medical Group and affiliated health care providers, and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Site for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Friday Plans using such data.
OWNERSHIP OF SITE CONTENT
As between Friday Plans and you, Friday Plans is the sole and exclusive owner of all right, title and interest in and to the Site and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by Friday Plans or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site or Content.
TRADEMARKS
Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of Friday Plans or its affiliates. You are not authorized to use any such Marks without the express written permission of Friday Plans. Ownership of all such Marks and the goodwill associated therewith remains with Friday Plans or our affiliates.
LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITE
The Site may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Sites, including, without limitation, any link contained in a Linked Sites, or any changes or updates to a Linked Sites. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Sites or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived at the Site through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Friday Plans. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Site.
TERMINATION
The Terms of Use will remain in full force and effect as long as you continue to access or use the Site or Services. You may terminate the Terms of Use at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if you violate these Terms of Use.
Friday Plans may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Site or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: disclaimer of warranties; limitation of liability; indemnification; governing law, dispute resolution, arbitration, venue, severability of provisions; no waiver; and assignment.
Subject to applicable law, Friday Plans reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Friday Plans will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Friday Plans harmless from any and all liability that Friday Plans may incur therefore.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ANY SERVICES ARE PROVIDED THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRIDAY PLANS AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER FRIDAY PLANS NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE. FURTHERMORE, FRIDAY PLANS DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND FRIDAY PLANS DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL FRIDAY PLANS, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THIS IS TRUE EVEN IF FRIDAY PLANS OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, FRIDAY PLANS IS FOUND LIABLE UNDER ANY THEORY, FRIDAY PLAN’S AGGREGATE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $5,000.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER FRIDAY PLANS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Friday Plans, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.
MODIFICATIONS TO THE SITE
Friday Plans reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Site or Services or any portion thereof, with or without notice. You agree that Friday Plans shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.
PHARMACY SERVICES BY EAGLE PHARMACY
If you receive a prescription as a result of the Services and you select to use Eagle Pharmacy LLC, you give us consent to send and disclose to the fulfilling pharmacy all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
Fulfilling pharmacy information:
Eagle Pharmacy LLC
350 Eagles Landing Drive,
Lakeland, Florida 33810
PACKAGING AND FULFILLMENT RESTRICTIONS
If you select to use Eagle Pharmacy LLC to fulfill any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
PAYMENT
You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services. In the event that your credit card expires or Friday Plans, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Friday Plans and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES
Federal and state healthcare programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Friday Plans nor any Friday Plans affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.
CANCELLING YOUR MEMBERSHIP
You may cancel your Membership at any time by calling us at +1 (855) 962-5303, emailing us at support@fridayplans.com, or logging into your Secure User account.
DELAYING YOUR MEMBERSHIP
If you would like to delay your billing date for any reason, you may delay by logging into your Secure User account, calling us at +1 (855) 962-5303, or emailing us at support@fridayplans.com. You may learn more about how to initiate a delay through your Secure User account in the FAQs located here. When you delay, you will not be charged a Membership Fee until the end of the delay period that you have selected. During such a period, you will not be eligible to receive any Membership Services, except you may still message your Friday Plans-affiliated health care professional through Friday Plans' secure messaging application at any time. Delaying could impact your ability to adhere to your treatment plan. As a result, at your Friday Plans-affiliated health care provider’s discretion, you may need to be re-evaluated and undergo additional laboratory testing before continuing with treatment (a “Continuation Visit”) at the end of a delay period. If you delay for a cumulative period of eight (8) consecutive weeks or more without scheduling a Continuation Visit, your Membership may be canceled without notice.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND FRIDAY PLANS ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, FRIDAY PLANS’ PRIVACY POLICY OR TERMS OF USE, FRIDAY PLANS’ ADVERTISING OR MARKETING PRACTICES, OR FRIDAY PLANS’ PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF DELAWARE TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND FRIDAY PLANS AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT FRIDAY PLANS’ CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT FRIDAY PLANS HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS of FLORIDA FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF FRIDAY PLANS’ INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH FRIDAY PLANS’ WEBSITE BY SENDING A LETTER TO: FRIDAY PLANS INC., ATTN. LEGAL DEPARTMENT, 1395 BRICKELL AVE #800 MIAMI, FL 33131, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
NO WAIVER
No waiver by Friday Plans of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Friday Plans to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
NO AGENCY RELATIONSHIP
Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
REMEDIES
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
ASSIGNMENT
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Medical Group and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Friday Plans is transferred to another entity by way of merger, sale of its assets or otherwise.
DIGITAL MILLENNIUM COPYRIGHT ACT
Friday Plans reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. Friday Plans otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Friday Plans.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to the following address:
Any notification to Friday Plans under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the content or material that you claim is infringing and where it is located on our Site;
- Information sufficient for Friday Plans to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law;
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
