BY USING OUR SITE AND SERVICES, YOU ACCEPT THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND THE ARBITRATION AGREEMENT, DO NOT USE OUR SITE OR SERVICES.
These Terms of Use for NoHo Labs, NoHo Medical Services, P.C., and their related entities govern your use of our website and services. By using the Site and Services, you consent to the practices described in these Terms of Use.
IMPORTANT NOTICE REGARDING ARBITRATION
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS AN AGREEMENT TO ARBITRATE THAT REQUIRES YOU TO RESOLVE CLAIMS AGAINST NOHO LABS THROUGH BINDING ARBITRATION. THE ARBITRATION AGREEMENT LIMITS YOUR RIGHTS TO GO TO COURT, HAVE A JURY TRIAL, AND/OR PARTICIPATE IN A CLASS ACTION.
As used in these Terms of Use:
“Content” means any information, text, graphics, photos, videos, or other materials uploaded, downloaded, or appearing on the Site.
“Practice” refers collectively to NoHo Medical Services, P.C. and other affiliated professional medical corporations.
“NoHo Labs”, “we”, “us”, or “our” refers collectively to NoHo Labs, Inc., Eterna Technologies Corporation, and NoHo Medical Services, P.C. and other affiliated professional medical corporations, located at Pier 5, Ste 101, San Francisco, CA, 94111.
“Services” means the medical services provided by the Practice to its patients following completion of a separate Patient Agreement.
“Site” means the website operated by NoHo Labs, including all features, functionality, and Content available through the domain and all related subdomains.
“Terms” means these Terms of Use.
“User”, “you”, or “your” means any individual who accesses or uses the Site.
“User Content” means any Content that a User posts, uploads, publishes, submits, or transmits to be made available on the Site.
By accessing or using the Site or Services, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and NoHo Labs. If you do not agree to these Terms, please do not access or use the Site.
By using the Site or Services, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You must be at least 18 years of age to use this Site. By using the Site or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all the terms and conditions set forth herein.
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
All Content on the Site is the property of NoHo Labs or its content suppliers and is protected by United States and international copyright laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Site and its Content for personal, non-commercial purposes.
You may not modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content on the Site, except as expressly permitted. No right, title, or interest in any Content is transferred to you, and all rights not expressly granted are reserved by NoHo Labs.
Any unauthorized use of the Site or its Content terminates the permission granted by NoHo Labs.
We respect the intellectual property rights of others and expect users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
Our designated copyright agent for notice of alleged copyright infringement can be reached at: legal@noholabs.com
You agree not to:
Any User Content that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
We have the right to:
NoHo Labs uses artificial intelligence (“AI”) technologies to enhance our services, improve user experience, and process information. This may include using AI to:
By using the Site or Services, you acknowledge and consent to our use of AI technologies as part of our services. While we implement appropriate safeguards when using AI, you understand that AI-generated content or responses may not always be perfect or complete.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NoHo Labs DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NOHO LABS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOHO LABS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
IN NO EVENT SHALL ETERNA TECHNOLOGIES CORPORATION, NOHO LABS, NO HO MEDICAL SERVICES, P.C., OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL NOHO LABS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless NoHo Labs, Eterna Technologies Corporation, NoHo Medical Services, P.C., and their respective officers, directors, employees, agents, partners, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services; (ii) your use of any products including any medications or other drugs discussed with the Practice; (iii) your violation of any term of these Terms; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
15.2 AGREEMENT TO ARBITRATE
BY USING THE SITE OR SERVICES, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND NOHO LABS RELATING IN ANY WAY TO THESE TERMS, OUR PRIVACY POLICY, OR YOUR USE OF THE SITE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT (1) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, AND (2) EITHER PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS AS A COURT WOULD.
15.3 Class Action Waiver
NoHo Medical Services, P.C. provides the clinical services through providers licensed in the patient’s state, under the leadership of its Medical Director, Dr. Tina Wu.
YOU AND NOHO LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NoHo Labs agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.4 Arbitration Procedures
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
As we grow, we may become subject to various state privacy laws. When applicable based on our operations, revenue, or data processing activities, we will comply with state-specific privacy requirements and update these Terms accordingly.
The Site may contain general information about medical conditions and treatments. The information is not advice and should not be treated as such. The medical information on the Site is provided as an information resource only and is not to be used or relied on for any diagnostic or treatment purposes. To receive medical advice and treatment from NoHo Medical Services, P.C., you must become a patient and/or member of the practice.
The information provided on the Site does not create a doctor-patient relationship between you and NoHo Labs. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
The Site and communication platforms are not suitable for emergencies. If you think you may have a medical emergency, call your doctor or 911 immediately.
NoHo Labs does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.
If you obtain an initial physician consultation from the Practice, you will be considered a patient of the Practice (a “Patient”). By virtue of being a Patient of the Practice, you will also subject to the terms and conditions in your Patient Agreement and the terms below:
18.1 Non-Refundable Consultation Fee
You will be charged a non-refundable fee for your initial consultation with a provider licensed in your state. Patient understands and agrees that the initial consultation fee is non-refundable, regardless of the consultation's outcome. The fee will not be refunded even if the Practice provider determines that the Patient is not eligible for membership or is not a suitable candidate for prescription therapies.
18.2 No Guarantee of Eligibility
The purpose of the consultation is to determine a Patient's eligibility for membership and to assess whether the patient is a suitable candidate for the available prescription therapies. NoHo Labs does not guarantee that a Patient will be deemed eligible for either membership or treatment.
18.3 Patient Responsibilities
You have a central role in your care and you agree to accept the following responsibilities:
18.4 Telehealth Services & Informed Consent
As further set forth in the Patient Agreement, you must acknowledge the following terms to be a Patient of the Practice:
If you become a member of the Practice (a “Member”), in addition to the terms above applicable to all Patients, you will also subject to the terms and conditions in your Membership Agreement and the terms below:
19.1 Membership and Subscription Management
Membership fees are billed in accordance with the billing terms in effect at the time the fee is due. You may cancel your membership at any time; however, any changes to a Member subscription, including cancellation, must be requested at least forty-eight (48) hours before the next order processing date. Upon cancellation, the membership will remain active until the end of the then-current billing period, and you will not be charged for any subsequent period.
We do not provide pro-rata refunds for cancellations initiated during a billing period. You may manage your subscription by navigating to your account settings or by contacting our support team at support@noholabs.com. Cancellations will apply to the next billing cycle.
The Member understands and agrees that the membership fee is non-refundable, regardless of the suggested treatment plan. The fee will not be refunded even if the Practice provider determines that the Member is not or is no longer a suitable candidate for prescription therapies.
19.2 Prescription and Product Orders, Cancellations, and Refunds
You must obtain a consultation with your Practice provider to obtain a prescription.
You may cancel an order at any time before your prescription is sent to our partner pharmacy for fulfillment or before your order is placed with the third-party distributor. If an order is canceled before this stage, you will not be billed. While you may observe a temporary authorization hold on your payment card, this hold will be removed if the order is successfully canceled before being processed by the pharmacy.
For health and safety reasons, all sales of prescription medications and other products are final once the product has been processed and shipped by our partner pharmacy or third-party distributor. In accordance with pharmacy regulations and to ensure the safety and integrity of the products, we are unable to accept returns or issue refunds for shipped medications or other products. If you have concerns about a medication or other product that you have received, you should contact your healthcare provider through your Member Portal to discuss alternative treatment options.
19.3 Third-Party Pharmacy and Product Distribution
All products prescribed, recommended, or otherwise discussed with the Practice are dispensed and distributed by independent third-party pharmacies or distributors over which the Practice has no ownership, control, or operational oversight. By using our Services, you acknowledge and agree that: (a) any purchase of products will be governed solely by the applicable third-party pharmacy's or distributor's terms and conditions of sale; (b) the Practice assumes no responsibility or liability for any acts, omissions, errors, or negligence of such third parties, including without limitation matters related to product manufacturing, testing, quality control, compounding, labeling, packaging, storage, shipping, delivery, or handling; (c) the Practice makes no representations or warranties regarding the safety, efficacy, quality, or suitability of any products dispensed by third parties; (d) you assume all risks associated with your use of any products obtained through third-party pharmacies or distributors; and (e) you retain the right to fill any prescription or order through a pharmacy or distributor of your choosing. The Practice's role is limited to providing medical consultations and recommendations, and does not extend to the supply chain or distribution of any products.
19.4 Damaged or Incorrect Shipments
If a Member receives a medication that is damaged, defective, or incorrect, the Member should contact us within seven (7) days of receipt at support@noholabs.com. We will, at our sole discretion, arrange for a replacement of the affected medication by the third-party distribution partner at no additional cost. We may require photographic evidence of the damage or error before processing a replacement.
19.5 Treatment Unavailability
You acknowledge that all treatment plans are subject to the availability of medications, supply chain factors, and other circumstances beyond the control of NoHo Labs and its network providers, pharmacies, and third-party distributors.
19.6 General Provisions
20.1 Force Majeure
NoHo Labs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
20.2 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NoHo Labs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
20.3 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
20.4 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. A waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NoHo Labs.
20.5 Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and NoHo Labs and govern your use of the Site, superseding any prior agreements between you and NoHo Labs (including, but not limited to, any prior versions of the Terms).
20.6 Changes to These Terms
NoHo Labs reserves the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Site and updating the “Effective Date” at the top of these Terms. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
20.7 Termination
Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
20.8 Non-Discrimination
NoHo Labs complies with Federal and applicable state civil rights laws and does not exclude people or treat them differently because of race, color, national origin, age, disability, sex, or other protected characteristics.
Marketing Communications
21.1 Noho Labs Marketing Alerts
By opting in to receive communications from us, you consent to receive marketing and promotional messages from Noho Labs via text message (SMS) and/or email to the phone number and email address you provide. NoHo Labs will not share your contact information or your other data with any third-parties except as necessary to provide the NoHo Labs services to you.
21.2 Message Frequency
Message frequency may vary depending on your interaction with our services and promotional campaigns.
21.3 Charges and Fees
Message and data rates may apply. You are responsible for all charges associated with text messages, including those from your wireless carrier.
21.4 Opt-Out Instructions
You may opt out of receiving marketing messages at any time by replying STOP to any marketing or promotional text message you receive from us. After sending the STOP command, you will receive one final confirmation message indicating that you have been unsubscribed.
Healthcare Communications
21.5 Healthcare-Related Messages
If you are a patient or healthcare consumer using the Practice services, you may receive healthcare-related communications including but not limited to appointment reminders, care coordination messages, treatment updates, and health-related notifications. These communications are sent to facilitate your healthcare and are distinct from our marketing communications.
21.6 Healthcare Communication Frequency
Healthcare-related message frequency will vary based on your treatment needs, appointment schedule, and healthcare service requirements.
21.7 Healthcare Opt-Out Limitations
While you may opt out of healthcare communications by replying STOP to such communications, please note that opting out may impact the Practice’s ability to provide you with important healthcare information, appointment reminders, and care coordination. We recommend contacting the Practice’s support team before opting out of healthcare communications to discuss alternative communication methods.
General Provisions
21.8 Customer Support
For additional information about our messaging programs, reply HELP to any message or contact our support team directly at support@noholabs.com.
21.9 Carrier Limitations
Carriers are not liable for delayed or undelivered messages. We cannot guarantee the delivery of messages due to factors outside our control, including but not limited to carrier network issues, device compatibility, or user settings.
21.10 Security Notice
While we implement security measures to protect your information, please be aware that text messages and emails are not completely secure communication methods. Avoid including sensitive personal or financial information in your responses to our messages.
21.11 Consent and AgreementBy providing your contact information and opting in to receive marketing and/or healthcare messages, you expressly consent to receive automated communications from Noho Labs and agree to these terms regarding our messaging programs.
If you have any questions about these Terms, please contact us at legal@noholabs.com.
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