Terms and Conditions

By accessing or using healthconvenience.com (the "Website") or any services offered by Lux Health, LLC, d/b/a Health Convenience (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, Notice of Privacy Practices, Telehealth Informed Consent, Consumer Health Data Privacy Policy, and all applicable policies incorporated herein by reference. These Terms constitute a legally binding agreement between you and the Company.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Website. Your continued use of the Website or Services after any modifications constitutes your acceptance of the revised Terms.

You must be at least eighteen (18) years of age to use this Website and Services. By using the Website or Services, you represent and warrant that you: (a) are at least 18 years of age; (b) have the legal capacity and authority to enter into these Terms; (c) are not prohibited from using the Website or Services under any applicable law; and (d) will use the Website and Services only for lawful purposes and in accordance with these Terms.

Lux Health, LLC, d/b/a Health Convenience provides telehealth and healthcare-related services, including but not limited to remote consultations, medical evaluations, prescriptions (where applicable), and patient intake processing through the Website and affiliated platforms. The Services are intended for informational and healthcare purposes and are subject to the professional judgment of our licensed healthcare providers.

The Services do not constitute emergency medical care. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. The Company is not a substitute for your primary care physician and does not replace the relationship between you and your existing healthcare providers.

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time for violation of these Terms. You are responsible for providing truthful, accurate, and complete information in connection with your use of the Services. Providing false, misleading, or incomplete information may result in termination of your account.

You agree to use the Website and Services only for lawful purposes. You shall not:

• Use the Website or Services for any fraudulent, harmful, or unlawful purpose
• Attempt to gain unauthorized access to any part of the Website or Services
• Upload or transmit viruses, malware, ransomware, or any other harmful code
• Interfere with or disrupt the operation, security, or integrity of the Website or Services
• Use any automated system, including robots, spiders, or scrapers, to access the Website or Services
• Impersonate any person or entity
• Collect or harvest any personal information of other users
• Use the Website or Services to transmit unsolicited commercial communications (spam)
• Reverse engineer, decompile, or disassemble any portion of the Website or Services

All content on the Website, including but not limited to text, images, graphics, logos, trademarks, software, and data compilations, is the property of Lux Health, LLC, d/b/a Health Convenience or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise exploit any content without prior written consent.

The names "Health Convenience," "Lux Health," and all related logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use such marks without prior written permission.

If you submit any content to the Website (including comments, reviews, testimonials, or photographs):

• You grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display your User Content in any media or format
• You represent and warrant that you own all rights to your User Content and that it does not violate any laws or third-party rights
• You acknowledge that we have no obligation to monitor, edit, or remove User Content, but we reserve the right to do so at our sole discretion
• You agree that you are solely responsible for your User Content and any consequences of posting it

Your use of the Website and Services is governed by our Privacy Policy, Notice of Privacy Practices, and Consumer Health Data Privacy Policy, each of which is available on our Website and incorporated into these Terms by reference.

The Website may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. Your use of third-party websites is at your own risk.

Lux Health, LLC, d/b/a Health Convenience utilizes third-party software to create a better experience for current and potential customers. By using the Website, you accept the use of cookies and any exported data that is sent to those third parties. If you do not accept our use of third-party software, you must immediately cease all use of the Website.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

You hereby release the Company and each of the Company Parties, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers, and suppliers, from all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way related to the Website, Services, or your interactions with others arising out of or related to the Website or Services.

You agree to indemnify, defend, and hold harmless the Company and each of the Company Parties from and against any and all claims, causes of action, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) content you post or transmit through the Services; (b) activity that occurs through or by use of your account; (c) your use of or reliance on any content, information, or materials obtained through the Services; (d) your violation of these Terms or any applicable law; or (e) your violation of any third-party rights.

At the Company's sole discretion, the Company may offer promotional materials as incentive to customers. Promotional materials have explicitly defined terms, including expiration dates, usage limitations, and other restrictions. The Company reserves the right to cancel, modify, or refuse any promotion at any time without notice.

We reserve the right to terminate, suspend, or restrict your access to the Website and Services at our sole discretion, without prior notice or liability, for any reason, including but not limited to: violation of these Terms; providing false or misleading information; engaging in fraudulent or harmful activity; or any activity that may expose the Company to legal liability.

YOU AND THE 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. IF ARBITRATION IS CHOSEN BY EITHER PARTY, THERE WILL BE NO RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. 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.

Any arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, if appropriate, Supplementary Procedures for Consumer-Related Disputes. If the AAA is not available, the parties shall mutually agree on an arbitration forum. The arbitration will be conducted in Miami-Dade County, Florida, unless the parties agree otherwise.

Small Claims Court Exception: Either party may bring qualifying claims in small claims court, provided such claims remain within small claims court jurisdiction and are not removed or appealed to a court of general jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 18, any legal action or proceeding relating to your access to, or use of, the Website or Services shall be instituted in a state or federal court in Miami-Dade County, Florida, and you agree to submit to the personal jurisdiction of such courts.

By using the Website and Services, you consent to receive electronic communications from the Company. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You consent to the use of electronic signatures as defined by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.

The Company makes reasonable efforts to ensure the accuracy of all information provided on the Website. However, from time to time, there may be typographical errors, technical inaccuracies, or other errors or omissions. We reserve the right to correct all errors and inaccuracies at any time. We also reserve the right to make changes to any and all content, features, and functionality of the Website without notice.

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

No failure or delay by the Company in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

These Terms, together with the Privacy Policy, Notice of Privacy Practices, Telehealth Informed Consent, Consumer Health Data Privacy Policy, and any other policies or agreements incorporated by reference, constitute the entire agreement between you and the Company with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

In the event of any conflict between these Terms and any separately executed clinical consent form, the separately executed consent form shall control with respect to the clinical matters addressed therein. In the event of any conflict between these Terms and the Telehealth Informed Consent, the Telehealth Informed Consent shall control with respect to telehealth-related matters.

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign these Terms, in whole or in part, without restriction. Any purported assignment in violation of this Section shall be null and void.

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, civil unrest, terrorism, government actions, power failures, internet outages, or other force majeure events.

For questions about these Terms and Conditions, contact us at: