Last Updated Date: August 10, 2023
1. ABOUT THE SITE
You acknowledge that although some Content (as defined below) may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, diagnosis, treatment, or referral, but is provided to assist you in finding availability and scheduling appointments with doctors, dentists or other healthcare specialists, professionals, providers, or organizations (collectively, “Healthcare Provider”). You acknowledge that all such Healthcare Providers are independent from Laso Health, and Laso Health does not employ, and is not responsible for, the actions of any such Healthcare Providers; and, accordingly, Laso Health is not responsible for any medical advice, diagnosis, treatment or care you receive from any Healthcare Provider or any other healthcare professional or organization. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Site and/or Services, including, without limitation, Content provided in direct response to your questions or postings.
YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY INFORMATION YOU PROVIDE IN RELATION TO THE SITE IS ACCESSIBLE BY LASO HEALTH AND ITS EMPLOYEES FOR INTERNAL OPERATIONAL PURPOSES, AS WELL AS THAT INFORMATION BEING SHARED WITH HEALTHCARE PROVIDERS TO FACILITATE THE SERVICES.
THE INFORMATION DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LASO HEALTH MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY OF THE SITE’S FUTURE OR CONTINUED AVAILABILITY, COMPATIBILITY, OR EXISTENCE. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
• myLASO (also referred to as LASO+)
Laso Health also provides a membership service to some users as a part of the Services (“myLASO”). myLASO is only available to Laso Health users who sign up and pay the applicable Membership Fee (as explained below). myLASO allows members to gain access to telehealth treatments provided by MC Health MSO LLC (“Walmart Health”) and other Laso Partners (as defined herein) to the members (“Membership Services”). Through this partnership, Walmart Health, and other Laso Partners, provide telehealth services to users.
YOU ACKNOWLEDGE AND AGREE THAT LASO HEALTH DOES NOT PROVIDE ANY MEDICAL TREATMENT, MEDICAL ADVICE, TELEHEALTH TREATMENT, NOR ANY OTHER SERVICE WHICH COULD BE CONSTRUED AS THE PRACTICE OF MEDICINE IN CONNECTION WITH myLASO. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH myLASO. LASO HEALTH MAKES NO REPRESENTATIONS NOR WARRANTIES ABOUT THE QUALITY OF CARE PROVIDED IN CONNECTION WITH myLASO. YOU ACKNOWLEDGE THAT ALL PRODUCTS AND SERVICES FACILITATED BY LASO HEALTH, INCLUDING myLASO, ARE NOT INSURANCE AND SHALL NOT BE CONSTRUED TO BE AN INSURANCE POLICY NOR PLAN.
Laso Health charges a fee for access to the Membership Services (“Membership Fee”). Certain members may have access to the Membership Services through their employers, professional affiliations, or other organizations, and as a result, the Membership Fee will not apply to such members. If you are registering for the Membership Services as an individual and do not have access through your employer or other organization, you agree to and shall pay the Membership Fee as provided in this Membership Agreement. The Membership Fee Schedule is available at LASOHealth.com.
YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD FOR THE FULL MEMBERSHIP FEE DUE AT THE TIME OF INITIAL PAYMENT AND EACH RENEWAL, UNTIL YOU CANCEL. ANY CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT MEMBERSHIP CYCLE. YOU CAN CANCEL YOUR MEMBERSHIP BY LOGGING INTO YOUR LASO HEALTH ACCOUNT AND SELECTING CANCEL MEMBERSHIP ON THE MANAGE MEMBERSHIP PAGE OR BY CONTACTING US AT [email protected].
The Membership Services and Membership Fee are not covered services under any insurance contract to which you may be a party and are not reimbursable by your insurer, health plan or any governmental entity, including Medicare. You agree to bear sole financial responsibility for the Membership Fee and agree not to submit to your insurer, health plan or governmental entity any bill, invoice or claim for payment or reimbursement of such Membership Fee.
Laso Health also provides a range of prescription savings card offerings to users as part of the Services (these services collectively being “Laso Rx”). Laso Rx allows members to gain access to prescription discounts, where applicable, and other benefits through partnerships with Capital Rx, LLC (“Capital Rx”), Symmetry-Card, LLC (“Symmetry”), and other Laso Partners. You acknowledge and understand that Laso Rx is not hosted or provided by Laso Health but is instead provided through Capital Rx, Symmetry, or other Laso Partners. As such, Capital Rx, Symmetry, or another Laso Partner could, in certain jurisdictions, be deemed a discount medical plan organization, but Laso Health is not. Laso Health partners with Capital Rx, Symmetry, and other Laso Partners to connect Laso Health users to Capital Rx, Symmetry, and other Laso Partner’s services through the Laso Rx platform.
YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH DOES NOT PROVIDE ANY DISCOUNT MEDICAL SERVICES NOR DISCOUNT MEDICAL PRESCRIPTIONS SAVINGS BUT INSTEAD CONNECTS USERS WITH CAPITAL RX, SYMMETRY, AND OTHER LASO PARTNERS THROUGH LASO RX. LASO HEALTH MAKES NO REPRESENTATIONS AND MAKES NO WARRANTIES CONCERNING THE QUALITY, AVAILABILITY, NOR SUFFICIENCY OF CAPITAL RX, SYMMETRY, OR OTHER LASO PARTNER’S PLANS THROUGH LASO RX. YOU ACKNOWLEDGE THAT LASO HEALTH IS NOT A PROVIDER OF A DISCOUNT MEDICAL PLAN THROUGH ITS LASO RX SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO RX IS NOT INSURANCE AND SHALL NOT BE CONSTRUED TO BE AN INSURANCE POLICY NOR PLAN. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH IS NOT LIABLE FOR ANY CLAIMS NOR INJURIES PROVIDED IN CONNECTION WITH SERVICES RENDERED BY CAPITAL RX, SYMMETRY, OR OTHER LASO PARTNERS UNDER A LASO RX MEMBERSHIP.
· Other Laso Partners
Laso Health will, from time to time, engage with other corporations and individuals to provide the Services (“Laso Partners”). You acknowledge and understand that some Services are being provided by the Laso Partners and are not being provided or serviced by Laso Health. As such, you acknowledge and understand that in some of these instances Laso Health is merely partnering with the Laso Partner to give you access to additional services and benefits and is not ultimately responsible for those services and benefits.
YOU ACKNOWLEDGE AND UNDERSTAND THAT SOME SERVICES ARE PROVIDED ENTIRELY BY LASO PARTNERS AND NOT BY LASO HEALTH. YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY SERVICES PROVIDED BY LASO PARTNERS DO NOT CHANGE THE FACT THAT LASO HEALTH IS NOT AN INSURANCE COMPANY, A HEALTHCARE SUPPLIER, A HEALTHCARE PROVIDER, NOR A DISCOUNT MEDICAL SERVICES CORPORATION.
2. LASO HEALTH IS NOT A HEALTHCARE PROVIDER, A HEALTHCARE SUPPLIER OR AN INSURANCE COMPANY
The Content that you obtain or receive from Laso Health, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. Laso Health does not provide medical advice or medical treatment of any kind. All medically related information, including, without limitation, information shared on any blog, social channel, email or text message associated with or integrated into Laso Health comes from independent healthcare professionals and organizations and is for informational purposes only.
All options available on the Site, including without limitation, options related to the Healthcare Providers, locations and appointment times are provided to you for informational purposes and Laso Health does not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.
Any Services provided by Laso Health, including premium services provided under any Laso Health, Laso Rx, or MyLASO membership models, are not insurance products and are not intended as a replacement for insurance. AMOUNTS PAID TO LASO HEALTH, IN ANY FORM, INCLUDING BUT NOT LIMITED TO MEMBERSHIP PAYMENTS, ARE NOT INSURANCE PREMIUMS. SHOULD A CUSTOMER DESIRE ANY TYPE OF INSURANCE, INCLUDING HEALTH INSURANCE, USERS WILL NEED TO PURCHASE SUCH INSURANCE SEPARATELY.
3. NO DOCTOR PATIENT RELATIONSHIP
DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR MEDICAL CARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES, DIRECTLY BY A HEALTHCARE PROVIDER TO YOU THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM LASO HEALTH INCLUDING, WITHOUT LIMITATION, ANY BLOG, SOCIAL CHANNEL, EMAIL OR TEXT MESSAGE ASSOCIATED WITH OR INTEGRATED INTO LASO HEALTH OR LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.
Laso Health encourages Healthcare Providers to use the Services responsibly, but we do not control, nor do we guarantee the availability of any Healthcare Provider at any particular time. By accessing the Site and/or Services, you agree and acknowledge that Laso Health is not liable for cancelled, or otherwise unfulfilled, appointments, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the Site or Services whatsoever.
4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS
In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE OR CONSTITUTES A REFERRAL TO A HEALTHCARE PROVIDER BY LASO HEALTH. LASO HEALTH DOES NOT REFER PATIENTS TO HEALTHCARE PROVIDERS, DOES NOT ENTER INTO REFERRAL OR FEE-SHARING AGREEMENTS, OR COLLECTS A REFERRAL FEE FROM ANY HEALTHCARE PROVIDER. ANY FUNDS LASO HEALTH RECEIVES IN CONNECTION WITH THE SERVICES ARE FOR ADMINISTRATIVE SERVICES AND ARE NOT FOR PROVIDING HEALTHCARE SERVICES NOR REFERRALS.
LASO HEALTH SERVICES ARE ONLY INTENDED FOR CUSTOMERS AND HEALTHCARE PROVIDERS IN THE UNITED STATES. These Services are hosted in the United States and are intended only for Customers located in the United States. Laso Health makes no representation that the Services are appropriate or available for use outside of the United States. If you access our Services from outside the United States, you will be responsible for compliance with all local laws. Under California Civil Code Section 1789.3, Customers of the Services from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing or you may contact us at Laso Health.
Laso Health may exclude Healthcare Providers who, in Laso Health’s discretion, have engaged in inappropriate or unprofessional conduct, however Laso Health makes no representation that the Healthcare Providers are properly licensed in each State in which they do business. Laso Health shall not be liable for any injury resulting or arising from, or related to, the use of the Site or Services related to any Healthcare Provider who is not properly licensed in the State in which such Healthcare Provider practices.
Some Healthcare Providers listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Services. However, all such Healthcare Providers are independent of Laso Health, and Laso Health does not employ, and is not responsible for, the actions of any such Healthcare Providers. To help you find Healthcare Providers who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we will provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, such as geographical location, symptoms and healthcare specialty. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Laso Health users, and past experience of Laso Health users with Healthcare Providers). Note that Laso Health (a) does not, recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services with the exceptions of the Sponsored Results (as described below).
We may show you advertisements or sponsored results (“Sponsored Results”) on the Site, including above the search results. Laso Health receives additional fees from Healthcare Providers for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered as an endorsement or recommendation by Laso Health of the Healthcare Provider.
5. PAYMENTS FOR SERVICES; NO HEALTHCARE PROGRAM REIMBURSEMENT
You understand and acknowledge that by accessing and using the App, Site and/or Services, you acknowledge that all Services provided through us are self-pay only services for which the Customers will be solely responsible, and no part of the cost of the services will be submitted for reimbursement directly or indirectly by Customers or Healthcare Providers to commercial payors, nor to any state or federally funded healthcare programs, including, but not limited to Medicare, Medicaid, and TRICARE. Submitting claims for self-pay services to Federal, state, or commercial healthcare programs could expose you to civil and criminal liability and may result in removal from the App and Site.
6. CONTENT PROVIDED BY THIRD PARTIES
Healthcare Provider and Site Content is intended for general reference purposes only and is provided to you with limited or no editorial oversight from Laso Health. Healthcare Provider Content may be provided by the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Laso Health provides any advice or qualification certification about any particular Healthcare Provider.
• No Endorsements. Laso Health does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through the App, Site and/or Services. The statements, comments, reviews, information and ratings contained in any Content are solely the opinion of the Customer submitting such Content and do not reflect the opinion of Laso Health or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives. You acknowledge and understand that Laso Health simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Content. Laso Health does not have any duty or obligation to investigate the accuracy of Content or the quality of the services performed by you or any other Healthcare Provider which is the subject of any Content. By using the App, Site and/or Services, you agree that it is solely your responsibility to evaluate your risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that you submit, transmit or otherwise convey through the App, Site and/or Services or otherwise.
• Waiver of Liability. Under no circumstances will Laso Health be liable in any way for any Content including, but not limited to any Content that contains errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the App, Site and/or Services or otherwise. You hereby waive any claims, rights or actions that you may have against Laso Health or any of its affiliates or subsidiaries with respect to any Content and release Laso Health and each of its affiliates and subsidiaries from any and all liability for or relating to Content.
• Indemnification. You agree to indemnify and hold Laso Health and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Laso Health with respect to any statements made by a Customer or Content submitted by a Customer which is communicated, posted or published by Laso Health on its App, Site and/or Services or to a third party.
8. YOUR RESPONSIBILITIES
◦ Your Account Username and Password
If you choose, or are provided with, an account, a user name, password, or any other piece of information as part of your use of the Site, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other third-party with access to this Site or portions of it using your user name, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
• Your Responsibilities Generally
You acknowledge that you are solely responsible for any expenses or costs arising out of, or related to, your healthcare. Usual, customary and any other charges for any medical or related services rendered by Healthcare Providers will be set by the Healthcare Provider and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Laso Health is accurate and up- to-date. A portion of the Services may not be available through Laso Health or your Healthcare Provider depending upon a number of factors. Ultimately, you acknowledge that you shall resolve any potential dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
You are responsible for your use of the Site and/or Services, including the privacy and security of any account, usernames and passwords assigned to or created by you. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You shall not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You shall not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider Content, appointment availability, and price information) for any purpose whatsoever.
You must use the Site and/or Services in a manner consistent with the Acceptable Use Policy. Please review the Acceptable Use Policy carefully, as your use of the Site and/or Services constitutes your agreement to it.
• Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries
If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with Laso Health or whether you schedule or intend to schedule appointments through the Services, you acknowledge and agree that:
• You will not use the Site and/or Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient. You will not use the Site and/or Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
• You will not use the Site and/or Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
• You will not use the Site and/or Services, directly or indirectly, to engage in any activity in violation of federal and state Healthcare Laws. “Healthcare Laws” means all applicable Laws relating to the possession, control, warehousing, marketing, sale and distribution of pharmaceuticals, the operation of medical or senior housing facilities (such as, but not limited to, nursing homes, skilled nursing facilities, rehabilitation hospitals, intermediate care facilities and adult care facilities), patient healthcare, patient healthcare information, patient abuse, the quality and adequacy of medical care, rate setting, equipment, personnel, operating policies, fee splitting, including, without limitation, (a) all federal and state fraud and abuse laws, including, without limitation, the federal Anti-Kickback Statute (42 U.S.C. §1320a-7b(6)), the Stark Law (42 U.S.C. §1395nn), the civil False Claims Act (31 U.S.C. §3729 et seq.), (b) TRICARE, (c) HIPAA, (d) Medicare, (e) Medicaid, (f) the Patient Protection and Affordable Care Act (P.L. 111-1468), (g) The Health Care and Education Reconciliation Act of 2010 (P.L. 111-152), (h) quality, safety and accreditation standards and requirements of all applicable state laws or regulatory bodies, (i) all laws, policies, procedures, requirements and regulations pursuant to which Healthcare Permits are issued, and (j) any and all other applicable health care laws, regulations, manual provisions, policies and administrative guidance, each of (a) through (j) as may be amended from time to time.
9. CHANGES TO THE SERVICES; NEW SERVICES
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will Laso Health be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.
10. LINKS TO OTHER WEBSITES
◦ Linking to the Site
Hyperlinks to the Site may not state or imply any Laso Health sponsorship or endorsement of another website, publication, or service. The Content may not be incorporated into another website, publication, or service without Laso Health’s prior written approval. You agree to cooperate with Laso Health in causing any unauthorized framing or linking to stop immediately. Laso Health reserves the right to withdraw linking permission without notice.
• Links to Other Sites
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Laso Health has no control over the contents of those sites or resources, and accepts no responsibility for them nor for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.
11. CONTENT YOU POST OR SUBMIT
You will have the opportunity to submit feedback regarding your experiences with Healthcare Providers you find through the Services, to submit inquiries concerning possible medical needs, and to participate in the other interactive or community features of the Site (collectively, “Posted Information”). We may also invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Content, questions, comments, suggestions, ideas, feedback and other information and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). It is important that you act responsibly when providing Posted Information and Contributions. You represent and warrant that the Posted Information is up to date, accurate, complete, correct, truthful and complies with our Acceptable Use Policy and all applicable laws complete and accurate, and has not been provided in a misleading, negligent or fraudulent manner. Additionally, your Healthcare Provider reviews must comply with our guidelines for reviews. Laso Health reserves the right to remove or censor any Posted Information that does not comply with the Acceptable Use Policy, as determined by Laso Health in its sole discretion.
By posting Posted Information and Contributions through the Services, you agree to and hereby do grant, and you represent and warrant that you have all intellectual property rights necessary to grant to Laso Health and its contractors an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, sell, re-sell, translate, prepare derivative works of, incorporate into other works, or otherwise exploit, such Posted Information. This license is non-exclusive, except that you agree that Laso Health shall have the exclusive right to practice this license to the extent of combining your Posted Information and Contributions with the Posted Information and Contributions of other Laso Health users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.
LASO HEALTH RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT LASO HEALTH BELIEVES IS, OR MAY BE, INFRINGING OR VIOLATING OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR OTHER RIGHTS OR IN VIOLATION OF FEDERAL, STATE, LOCAL OR FOREIGN LAWS AT ANYTIME, WITHOUT PRIOR NOTICE TO YOU. YOU FURTHER AGREE THAT LASO HEALTH MAY TERMINATE YOUR ACCESS AND/OR ACCOUNT AT ANYTIME FOR ANY REASON WITHOUT NOTICE.
12. YOUR USE OF COMPONENTS
13. MOBILE APPLICATION LICENSE
◦ Use License
• Apple and Android Devices
14. SITE MANAGEMENT
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
This language applies if there are areas of the App and/or Site where users will upload/post content. If any of that user content infringed someone’s copyright, this is a safe harbor from liability under copyright law for infringement.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
◦ Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent John M. Taboada
Taboada Law Firm PLLC Attn: Laso Copyright Agent1925 N. New Braunfels Ave. San Antonio, TX 78208 [email protected]
You acknowledge that Laso Health has no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or having not acquired, or your use of Content. Laso Health makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or Services. We have no special relationship with or fiduciary duty to you. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. LASO HEALTH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. LASO HEALTH DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
17. GENERAL LIMITATION OF LIABILITY
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
◦ Electronic Contracting
◦ CHOICE OF LAW – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
◦ Dispute Resolution – Important – Please Review as This Affects Your Legal Rights
◦ Informal Negotiations
◦ Binding Arbitration
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
◦ SMS/Text Communications
22. PAYMENT PROCESSING
◦ Payment and Transaction Processing Generally.
◦ Designated Provider Services.
Certain Healthcare Providers may provide through the Site and/or Services price information for their healthcare and related products and services (“Designated Provider Services”), and permit you to use the Services to pay for such Designated Provider Services.
Prior to scheduling an appointment for Designated Provider Services, please carefully review (a) the price information, and (b) all of the products and services that are included and excluded in each Designated Provider Service. Healthcare Providers are required to provide the applicable Designated Provider Service at or below the price indicated at the time of scheduling (“Designated Price”), unless you separately agree otherwise. Services in addition to or different from Designated Provider Services may be available, required, offered or rendered by Healthcare Providers. You and your Healthcare Providers are responsible for agreeing to any additional or different services. WE ARE NOT RESPONSIBLE FOR YOUR OR ANY HEALTHCARE PROVIDER’S FAILURE TO AGREE TO ANY ADDITIONAL OR DIFFERENT SERVICES.
You acknowledge and agree that:
(a) you are responsible for and you will pay the Designated Price for the Designated Provider Services charged through Laso Health by the applicable Healthcare Provider, as well as other amounts the applicable Healthcare Provider may charge through Laso Health for any additional or different services rendered during or related to the applicable appointment;
(b) you remain responsible for paying all amounts required by law and/or contract;
(c) Laso Health may process your payment, and may do so in collaboration with our payment processing partner;
(d) Laso Health is not responsible for any charges incurred for any products or services provided by Healthcare Provider, including any Designated Provider Service;
(e) Laso Health is not responsible for any charges submitted for processing by Healthcare Providers;
(f) in the event you dispute any fees chargeable or charged through Laso Health by a Healthcare Provider, you will resolve such dispute directly with the applicable Healthcare Provider;
(h) you will promptly review all charges processed through the Transaction Processing Services, and immediately notify Laso Health to the extent you have any questions, concerns or disputes; in no event may you raise any questions, concerns or disputes after twelve (12) months from the date of the applicable transaction; and
(i) You further acknowledge and agree that: neither Laso Health nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
(A) if you have not provided us with accurate, current and complete payment information;
(B) if you do not have sufficient available funds or available credit to complete the transaction;
(C) if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;
(D) if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;
(E) if we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or
(F) if we terminate or suspend the services we provide to the applicable Healthcare Provider.
24. ENTIRE AGREEMENT
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
LASO Health, LLC
Attn: Tim S. Kaufeldt
215 North San Saba, Suite 301 San Antonio, TX 78207
Fax: (210) 468-8001
© 2022 LASO Health, LLC. All rights reserved.