Terms and Conditions
1. ACCEPTANCE OF TERMS
BY ACCESSING, BROWSING, OR USING OCMEDICALWELLNESS.COM (THE “WEBSITE”) AND ANY SERVICES, PRODUCTS, OR FEATURES PROVIDED THEREON (COLLECTIVELY, THE “SERVICE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE SERVICE.
These Terms and any other policies or guidelines posted on the Website (including our Privacy Policy) constitute the entire agreement between you and OC Medical Wellness, Inc. (“we,” “us,” “our,” or “Company”) regarding your use of the Service.
We reserve the right to modify these Terms at any time without prior notice. Changes become effective immediately upon posting to the Website. Your continued use of the Service following any changes constitutes your acceptance of the modified Terms.
IMPORTANT: IF YOU HAVE A MEDICAL EMERGENCY, PLEASE SEEK IMMEDIATE IN-PERSON EMERGENCY CARE OR CALL 911.
2. ARBITRATION NOTICE
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
EXCEPT AS PROVIDED HEREIN, YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR YOUR USE OF THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
You have the right to opt out of arbitration within thirty (30) days of first agreeing to these Terms by sending written notice to legal@ocmedicalwellness.com with your name, address, and a clear statement that you wish to opt out of the arbitration requirement.
3. ELIGIBILITY AND USE RESTRICTIONS
3.1 Age and Capacity
The Service is available only to individuals who are at least eighteen (18) years of age, or the age of majority in their jurisdiction of residence, if higher than eighteen (18). By using the Service, you represent and warrant that you meet these requirements.
3.2 Geographic Limitations
The Service is currently available only to users located in the United States. Access to the Service from other jurisdictions may be prohibited by law. You are responsible for compliance with all applicable local, state, and federal laws.
3.3 Prohibited Uses
You agree not to use the Service for any unlawful, unauthorized, or fraudulent purposes, including but not limited to:
- Violating any applicable laws or regulations
- Hacking or unauthorized access
- Uploading viruses or malware
- Harassment or defamatory conduct
- Impersonating any person
- Unauthorized data collection
- Using automated tools or bots
- Reverse-engineering the Service
4. TELEMEDICINE AND HEALTHCARE SERVICES
4.1 Not a Healthcare Provider
OC Medical Wellness is not a licensed healthcare provider. The Company does not practice medicine and is not responsible for the medical care provided by independent licensed healthcare providers (“Providers”) through the Service.
4.2 Doctor-Patient Relationship
By using the Service to consult with a Provider, you may establish a doctor-patient relationship with that Provider. This relationship is between you and the Provider, not with the Company.
4.3 Informed Consent for Telehealth
Telehealth services involve delivery of healthcare using electronic communications. You understand and agree that:
- Telehealth may be less effective than in-person care for certain conditions
- Your Provider may determine that in-person care is necessary
- Technical difficulties may occur
- You consent to telehealth services
4.4 Medical Disclaimers
Please note the following:
- The Service is not a substitute for in-person medical care
- For medical emergencies, seek immediate emergency care
- Information provided is for educational purposes only
- Do not rely solely on this Service for medical diagnosis
4.5 Your Responsibilities
You agree to:
- Provide accurate and truthful information
- Disclose medical history and allergies
- Follow treatment recommendations
- Seek emergency care when necessary
- Respond promptly to Provider messages
5. SUBSCRIPTION AND PAYMENT
5.1 Subscription Services
Certain services are provided on a subscription basis and renew automatically unless canceled.
5.2 Payment Terms
- Your payment method will be automatically charged
- You authorize charges for all applicable fees
- First renewal charges may be processed early
- We may update your payment information
5.3 Cancellation
You may cancel your subscription at any time by logging into your account, emailing support@ocmedicalwellness.com, or calling customer service. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial periods unless at our sole discretion.
5.4 Price Changes
We may modify subscription prices at any time. We will provide at least thirty (30) days’ advance notice of any price increases.
5.5 Refund Policy
- Refunds are issued at our sole discretion
- Refunds credited to original payment method within 7-10 business days
- Non-refundable service fees apply in certain circumstances
6. PRESCRIPTION PRODUCTS AND MEDICATIONS
6.1 Prescription Requirements
Prescription medications are only available to users who have completed a consultation with a licensed Provider and received a valid prescription.
6.2 Pharmacy Services
Prescriptions may be filled through affiliated pharmacies or any pharmacy of your choice.
6.3 Child-Resistant Packaging
Not all prescription medications use child-resistant packaging. Some products may not be dispensed in child-resistant containers.
6.4 Insurance and Payment
- The Company does not participate in Medicare or Medicaid
- You are solely responsible for all costs
- You waive the right to submit claims to federal or state programs
7. SUPPLEMENTS AND OVER-THE-COUNTER PRODUCTS
7.1 Supplement Availability
Supplements and OTC products are available only to individuals eighteen (18) years of age and older. Quantities may be limited and products may be discontinued at any time.
7.2 Quality Disclaimer
We do not warrant that the quality of any supplements or products will meet your expectations or that any errors will be corrected.
7.3 Returns and Refunds
- Supplements and OTC products cannot be returned
- Refunds may be issued for defective or damaged items at our discretion
- Claims must be submitted within 30 days of delivery
8. USER ACCOUNTS AND SECURITY
8.1 Account Registration
You must create and maintain an active user account. You agree to provide accurate information, keep it current, maintain confidentiality of your username and password, and accept responsibility for all activity under your account.
8.2 Security Measures
We use industry-standard security measures including encryption technology. However, no security system is completely secure and we cannot guarantee absolute security.
8.3 Account Termination
We reserve the right to terminate or suspend your account at any time, for any reason, without prior notice, including violation of these Terms, suspicious activity, failure to pay fees, or non-compliance with healthcare regulations.
9. INTELLECTUAL PROPERTY
9.1 Company Ownership
All content, materials, software, and features of the Service are owned by or licensed to the Company and are protected by copyright and intellectual property laws.
9.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal use only. You may not copy, reproduce, modify, reverse-engineer, or use the Service for commercial purposes.
9.3 User Submissions
Any information you submit may be used by the Company without restriction or compensation, except for Protected Health Information. You grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use your Submissions.
10. PROTECTED HEALTH INFORMATION
10.1 HIPAA Compliance
The Company is not a “covered entity” under HIPAA. However, certain Providers may be covered entities or business associates subject to HIPAA requirements.
10.2 Notice of Privacy Practices
Providers have adopted a Notice of Privacy Practices describing how Protected Health Information is used and disclosed. By accessing the Service, you acknowledge receipt of this Notice.
10.3 Information Classification
Information not intended solely for medical diagnosis and treatment may not be considered Protected Health Information and may be used in accordance with our Privacy Policy.
11. THIRD-PARTY SERVICES AND PROVIDERS
11.1 Third-Party Relationships
The Service may include content, products, or services provided by third parties including healthcare providers, affiliated pharmacies, payment processors, and supplement manufacturers.
11.2 No Control
The Company does not control third-party providers. Each provider is solely responsible for their own services and acts independently.
11.3 No Liability
The Company is not responsible for any loss, damage, or dispute arising from your interactions with third-party providers or use of third-party services.
11.4 Third-Party Terms
Your use of third-party services is governed by their terms and conditions, not these Terms.
12. LIMITATION OF LIABILITY
12.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
This includes disclaimers of implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, and that the Service will be uninterrupted or error-free.
12.2 Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
This includes loss of data, profits, revenue, business opportunities, personal injury, or emotional distress. The Company’s total liability shall not exceed the amount you paid in the twelve (12) months preceding the claim, or $1,000, whichever is less.
12.3 Applicable Law Limitations
Some jurisdictions do not allow exclusion of certain warranties or damages. To the extent prohibited, the Company’s liability shall be limited to the maximum extent permitted by law.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and third-party providers from any claims, damages, losses, costs, and expenses arising from your use of the Service, violation of these Terms, violation of applicable laws, infringement of third-party rights, or interactions with third-party providers.
14. PRIVACY AND DATA PROTECTION
14.1 Privacy Policy
Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.
14.2 Communication Consent
By providing your email and phone number, you consent to receive transactional communications, healthcare-related messages from Providers, and administrative notices. With your consent, we may send promotional communications.
14.3 Text Message Communications
By providing your mobile number, you consent to receive text messages including appointment reminders and account notifications. Message and data rates may apply. You may opt out of marketing texts by replying “STOP.”
15. TERMINATION AND SUSPENSION
15.1 Termination by Company
We may terminate or suspend your access at any time for any reason, including violation of these Terms, suspected fraud, non-payment, or discontinuation of the Service.
15.2 Effect of Termination
Upon termination, your right to access the Service ceases immediately and we have no obligation to return information you submitted. Certain provisions survive termination.
15.3 Survival
The following provisions survive termination: Limitation of Liability, Indemnification, Intellectual Property Rights, Governing Law, and Dispute Resolution.
16. DISPUTE RESOLUTION
16.1 Informal Resolution
Before initiating arbitration, both parties agree to attempt informal resolution. Either party must provide written notice including their name, address, detailed description of the dispute, and relief sought.
16.2 Binding Arbitration
If the dispute cannot be resolved informally within thirty (30) days, either party may submit to binding arbitration administered by the American Arbitration Association (AAA), conducted by a single arbitrator, and governed by the Federal Arbitration Act.
16.3 Arbitration Costs
Each party bears its own attorney’s fees and costs unless applicable law provides otherwise. The arbitrator may award any relief available at law or in equity.
16.4 Class Action Waiver
YOU AND THE COMPANY AGREE THAT ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATION.
16.5 Small Claims Court
Either party may assert claims in small claims court if the claim falls within that court’s jurisdiction and remains on an individual basis.
17. GOVERNING LAW AND VENUE
These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Any legal action arising out of these Terms shall be brought exclusively in the federal or state courts located in Los Angeles County, California.
18. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
19. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company and supersede any prior agreements.
20. CONTACT INFORMATION
If you have questions about these Terms, please contact us at:
OC Medical Wellness
Email: info@ocmedicalwellness.com
Phone: 949-273-2301
Address: 113 Waterworks Way, Suite 210, Irvine, CA 92618