MOMENT MANAGEMENT, INC.
TERMS OF SERVICES
Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This agreement is between you and Moment Management, Inc. (“Company”, “us, “we”, or “Moment”) regarding your use of the Moment site currently located at https://www.momenthealth.co (together with any current or future affiliated mobile application, successor site(s), or any services or materials available therein, collectively the “Site” or “Website”). The “Service” or “Services” may include: telecommunications support for using the Services as a means of direct access to health care providers provided by third-party affiliated professional entities for communication, consultations, assessments, pharmacy and laboratory services and treatment by such health care organizations and their providers; administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and/or providing individuals with information on healthcare and wellness.
Moment is not a medical provider. Any telehealth consults, tests, and any prescription products obtained through our Website are provided by third-party affiliated professional entities including, but not limited to South Coast Medical Center for New Medicine, Inc. (referred to as “SCMC”), an independent medical practice with a network of health care providers (each referred to as “Providers”). We may also provide you with access to prescription fulfillment services offered by third-party affiliated pharmacies (the “Pharmacy” or “Pharmacies”) and laboratories (the “Labs”). By accepting this Agreement, you acknowledge and agree that any services you receive from Labs, Pharmacies or Providers through the Website are also subject to this Agreement, and that the Labs, Pharmacies or Providers are third-party beneficiaries of this Agreement.
The professional Services (which are provided by Providers) and the non-clinical Website (which are provided by Moment) are collectively referred to in this Agreement as the Services.
Additional Terms and Amendments
In order to participate in or receive certain Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website.
Changes to the Agreement
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Your use of the Website following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
No Users Under 18 Years Old
Notice Regarding Your Financial Responsibility for Services
Moment is not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care or mental health services or supplies and, as such, neither you nor Moment may receive payment from such programs for the Services or products provided to you by Moment. Further, to the extent that any of the Labs, Pharmacies, or Providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Service typically precludes such services and products from being covered benefits under these programs. Thus, you are solely responsible for the costs of any service or product provided to you.
By agreeing to use the Services, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Providers, and (2) neither you nor Moment, the Labs, the Pharmacies or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.
Certain products available through the Website require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Only certain prescriptions can be filled through our Pharmacies by using the Website (or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service). While other prescriptions must be filled by a local pharmacy of your choice as prompted during your use of the Services.
If you complete a consultation with a Provider and fill a prescription through one of our Pharmacies, the prescription product is shipped to you by an applicable Pharmacy and the costs associated with the prescription are included in the total charged to you for the Services. If you fill a prescription with a pharmacy of your choosing, the Service will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Prescription products available through the Website are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.
Laboratory Products and Services
Certain laboratory products services available through the Website, including at-home testing kits and services, require a valid prescription or order by a licensed healthcare provider. You will not be able to obtain such laboratory services unless you have completed a consultation with one of the Providers, the Provider has determined the laboratory product and/or service is appropriate for you and the Provider has prescribed or ordered the laboratory product and/or service.
Currently, laboratory products and services offered through the Website can only be ordered and fulfilled through Labcorp at https://www.labcorp.com/labs-and-appointments or a local laboratory. Laboratory products and services available through the Website are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.
Third-Party Goods and Services
Parties other than Moment, including Labs, Pharmacies, SCMC and Providers, provide services or sell products through the Service (collectively, “Third-Parties”), and Moment may also make available to you for purchase certain services, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that Moment shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that Moment is under no obligation to become involved in such dispute, and you hereby release and indemnify Moment and its their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Moment Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.
General Representations and Warranties of User:
- You understand that Providers deliver clinical services via the Moment Website to their patients. Moment licenses the “Moment” brand name to independently owned and operated affiliated professional entities that use its Website and its administrative, business support, and other services. Providers are independently contracted or employed by affiliated professional entities rather than by Moment. The Providers, and not Moment, are responsible for the quality and appropriateness of the care they render to you. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the Provider.
- Providers are independent of Moment and are merely using the Website as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Moment. Your interactions with the Providers via the Website are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Moment, nor any of its subsidiaries or affiliates or any third party who may promote the Website or provide a link to the Services, shall be liable for any professional advice obtained from a Provider via the Website or Services, nor any information obtained on the Website. Moment does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Website is solely at your own risk and you assume full responsibility for all risks associated herewith.
- Moment does not make any representations or warranties about the training or skill of any Providers who deliver Services via the Website.
- The content of the Website and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Moment. You understand that by coordinating and in certain cases consulting with an affiliated health care provider through the Services, you are not entering into a doctor-patient relationship with Moment. Please contact your Provider directly for any questions regarding your care or medical treatment.
- You understand that the Website is not to be used in connection with medical emergencies. If you are experiencing a medical crisis, please call 9-1-1 or contact your local emergency assistance services immediately. If you are not feeling well, please contact your primary care physician.
- All information you provide to Moment is true, accurate, current, and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current, and complete, as long as you are using the Website. If we have reasonable grounds to suspect such information is not true, accurate, current, or complete, we may deny or terminate your access to the Website (or any portion thereof) in our sole direction, subject to compliance with any notice or waiting period provided by applicable law.
1.1 Registration. To secure the right to access and use the membership pages of the Website, you must create a personal User Account (an “Account”) by registering through the Website, providing us with true, accurate, and complete information as requested on the registration form (your “Registration Information”), accepting this Agreement, and signing the Authorization for the Use and Disclosure of Health Information (the “Authorization Form”). You will promptly update all Registration Information to keep it true, accurate, and complete. Should we suspect that any Registration Information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Services. When you register, we will ask you to provide a username and password. You agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential.
1.2 Account Use Restrictions. The Services are for the personal use of Users only and Users may not use them in connection with any commercial endeavors. You represent and warrant that you will use the Services solely for your own personal benefit and that you will not resell or distribute the Services. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s prior explicit consent. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (ii) introduce software or automated agents to the Services so as to produce multiple Accounts, generate automated messages, or to strip or mine data from the Services. You will not attempt to impersonate another User or person, including, without limitation, any employee of Moment. At all times, you will use the Services in a manner consistent with any and all applicable laws and regulations.
1.3 Consent to Use of Telehealth Services. Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Telehealth Consent”) that will be provided to you by SCMC and Providers through the Website at https://www.momenthealth.co/telehealth-consent/. You agree that Moment is a third-party beneficiary of the Telehealth Consent and has the right to enforce it against you.
1.4 Term. This Agreement shall remain in full force and effect while you use the Services or have an Account. You may delete your Account at any time, for any reason by contacting firstname.lastname@example.org. Moment may terminate your Account for any reason, effective upon sending notice to you at the then-current e-mail address in your Registration Information. You understand that Moment reserves the right to delete any of your Registration Information or Content upon termination of this Agreement and/or your Account, but may retain any Registration Information or Content for archival purposes or as required by law. Moment does not assume liability for any termination of your Account or related deletion of your information.
2.1 Payment Terms. 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, including any fees charged by the third-party affiliate professional entities or Providers. Your payments to Moment may include fees charged by third-party affiliate professional entities or Providers for health care services and/or pharmacy services, which Moment may collect on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Moment and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Moment, 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. Moment and/or the third-party affiliate professional entities and/or Providers have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
All services made available through this Website are subject to availability and we reserve the right to impose limits on any services or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for services are subject to change at any time.
All credit card, debit card and other monetary transactions on or through the Website occur through an online payment processing application(s) accessible through the Website. This online payment processing application(s) is provided by a third-party online payment processing vendor. Moment’s relationship with its online payment processing vendor, if any, is merely contractual in nature and is in no way subject to Moment’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
2.2 Order Acceptance Policy. Your receipt of an electronic order confirmation merely confirms our receipt of your order and does not signify Moment’s acceptance of your order. Your order will be deemed accepted when your assigned Provider provides you with your Consultation. In the event that your assigned Provider cannot provide you with a Consultation for any reason, Moment reserves the right at any time after receipt of your order to decline your order. In the event that Moment declines your order, Moment will return your payment using the same payment method designated by you on your order.
3 License to Content Submitted via the Website.
3.1 Your Content. For purposes of this Agreement, “Content” means any and all postings, messages, text, files, images, photos, video, works of authorship, or other material. Moment does not claim ownership in any Content that you originate and publish, display, submit, upload or otherwise transfer (“post”) to the Service, including Content that you submit using the Services in connection with any Consultation. You hereby grant to Moment a non-exclusive, worldwide, irrevocable, perpetual, fully-paid and royalty free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to reproduce, modify, publicly display, publicly perform, prepare derivative works of, transmit, and distribute Content for the purpose of (a) providing you with the Services and (b) creating, using, and disclosing de-identified and/or aggregated data from Your Content. You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth in this section for the Content that you post on the Service and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. You are solely responsible for any and all Content that is posted by or through your Account on any Service.
3.2 User Guidelines. Moment reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other Users or third-parties, including removing such content from the Services, notifying the appropriate authorities, barring violators from accessing the Services, and terminating the Accounts of such violators. Without limiting the foregoing, you agree that you will not post any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by Moment, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for Moment.
3.3 Moment Content. The Services contains Content owned and/or developed by or on behalf of Moment and its licensors (“Moment Content”). Moment and its licensors (including Users) own and retain all proprietary rights in the Moment Content and the Services. You shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Moment Content. Moment hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the Moment Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
4 MOMENT EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE MOMENT FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF THIRD-PARTY AFFILIATE PROFESSIONAL ENTITIES, PROVIDERS, PHARMACIES, AND/OR USERS ON OR OFF THE WEBSITE OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY PROVIDER.
5 Copyright Policy. Upon prompt notification to Moment by a copyright owner or a copyright owner’s legal agent, it is Moment’s policy to terminate the Account of any User who repeatedly infringes third party copyright rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide Moment (using the contact information listed below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Attn Moment Health: 6 Hughes, Suite 200, Irvine, CA 92618
6 Third Party Links and Websites. The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites are not under Moment’s control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. 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 Site 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.
7 Electronic Communications. When you access or use the Website or send emails or SMS messages to us, any third-party affiliate professional entities or its Providers, you are communicating with us, the third-party affiliate professional entities and its Providers electronically. You consent to receive communications from us, the third-party affiliate professional entities and its Providers electronically. We will communicate with you via email and SMS messaging. 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 further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
8 No Warranty. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE, (B) MOMENT EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9 Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, MOMENT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MOMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOMENT’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIVE HUNDRED U.S. DOLLARS ($500), OR THE AMOUNTS YOU PAID TO MOMENT IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE MOMENT’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MOMENT OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES OR CONTENT.
10 Release. You hereby release Moment, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interaction with any other User and/or with any Provider.
11 Indemnification. You agree to defend, indemnify, and hold Moment and any third-parties offering products or services through the Website, including SCMC, Providers, Labs and Pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Website, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
12 Termination. This Agreement is effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to email@example.com. Moment may terminate or suspend your use of the Website at any time and without prior notice, for any or no reason, including if Moment believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Moment may, without liability to you or any third-party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. The provisions of this Agreement concerning, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Moment.
13 Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MOMENT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
14 No Agency Relationship. Neither this Agreement, nor any Content, materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between you and Moment, SCMC, the Providers, the Labs or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
15 Assignment. You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Moment may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Moment or to a third-party in the event that some or all of the business of Moment is transferred to such other-third party by way of merger, sale of its assets or otherwise.
16 No Professional Advice. All information, materials, content and/or advice on the Website or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Moment expressly disclaims, and You expressly release Moment from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
17 Miscellaneous. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. The failure of Moment to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement to either of the following:
- By mail: Moment Management, Inc. (Moment): 6 Hughes, Suite 200, Irvine, CA 92618. If you send by mail, please send by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking.
- By email: firstname.lastname@example.org.
Use of Services
- Memberships: You may cancel your subscription to Membership Services after six months by emailing email@example.com directly requesting a cancellation, or by calling +1(949)464-4520 to cancel.
- We are unable to offer refunds for the following:
- No-shows or missed appointments
- Refund requests due to not receiving a prescription or disagreement with the clinical outcome of the visit
- Any request made 10 days after the original purchase date
Membership Services: As part of its offering, Moment Health has recurring subscriptions services of various terms. Collectively these services are referred to herein as (“Membership Services”).
Please note that Membership Services are not insurance. Any discounts provided under Membership Services cannot be used in conjunction with insurance.The Membership Services are not a substitute for healthcare insurance nor are they intended to be health insurance.
Membership Services Features: Each tier of the Membership Services has a recurring subscription fee. Depending on the tier, this subscription provides certain features, as set forth below, to you.
Monthly Membership Services Subscription: The Monthly Membership Service is currently priced at $19.99 a month and consists of the following features:
- $20 off all virtual visits
- Description: Any virtual visit will receive $20 off the listed price
Membership Services Fees: The subscription fees for the Membership Services described herein are not a covered benefit under most health insurance plans or other healthcare benefit plans such as Health Saving Accounts or Flexible Spending Accounts.As a result, you acknowledge that you may not be able to submit the subscription fees for the Membership Services for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Membership Services.
If you do subscribe to Membership Services you authorize us to charge your chosen payment method the monthly subscription fee at the time of initial payment and each month thereafter on the same day as your initial payment.
In the event that there is an increase in the recurring subscription fee for Membership Services, we will provide you advance notice of such increase and you may elect to continue or cancel your Membership Services. Also, please note that there may be additional fees for Services outside of the features of the Membership Services outlined in this Section.
Changes to Membership Services: Moment Health reserves the right to make changes to the Membership Services at any time and will provide advance notice of such changes and you may cancel your subscription to the Membership Services at any time as set forth herein.