DISCLAIMERS OF WARRANTIES AND ASSUMPTION OF RISK – HEALTHCARE SERVICES

1. The healthcare services (including, as applicable, mental or behavioral health services) that you use or access through the OptimalMD Service are provided by Providers, not the OptimalMD, Technologies, LLC., and they’re provided at each Provider’s sole discretion and medical judgment. OptimalMD Technologies, LLC. is not a healthcare provider or insurance provider, and does not engage in the practice of medicine. Their role is limited to making the OptimalMD Service available to you, which simply provides a system to facilitate communication with the Providers using OptimalMD’s owned or licensed health information database and software.

2. While the OptimalMD Entities may make certain Content available to you related to the healthcare services that you use or access using the OptimalMD Service, you should discuss the Content with your Provider or other licensed healthcare professional and confirm any facts that are important to your situation or decision. CONTENT IS NOT INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A PROVIDER, AND IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR PROVIDER FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

3. THE OptimalMD ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT OR OptimalMD SERVICE.

4. While the OptimalMD uses standard procedures designed to verify the state and national (NPI, DEA) licensing status for all Providers who have entered into a contract with OptimalMD, some other Providers whose services may be offered to you as part of a subscription or bundled services package by your employer, health plan, physician, using the OptimalMD Service may not have entered into a contract with OptimalMD and you are responsible for verifying the state and national (NPI, DEA) licensing status for all such Providers.

5. OptimalMD further disclaims all liability (including any liability for a refund) for the failure of a noncontracted provider to render care to you or otherwise fulfill the terms of service of your subscription 7 or bundled services package. A non-contracted provider is a provider not directly credentialed and contracted by OptimalMD but whose services may be offered to you as part of a subscription or bundled services package by your employer, health plan, physician, or using the OptimalMD Service. OptimalMD is not responsible for providing you additional services purchased via a subscription or bundled services package.

6. The OptimalMD Service is not a replacement for your primary care physician or annual office check-ups, nor is it a replacement for other treating providers (except in the context of the "Virtual Primary Care" service line where the Provider has explicitly agreed to assume that role). Consultations through the OptimalMD Service treat the majority of common medical and behavioral health conditions, however some cases require an in-person visit for complete care. With respect to psychotherapy and counseling, you understand that information discussed in any sessions is for therapeutic purposes only and is not intended for use in any legal proceedings involving any other individuals participating in any sessions. You agree not to subpoena any Provider to testify for or against individuals (including you) participating in the sessions or to provide records in court actions against other individuals participating in any sessions. You understand that anything any individual participating in any session tells a Provider individually, whether on the phone or otherwise, may at the Provider’s discretion be shared with any other individual participating in the sessions.

7. The OptimalMD Service provides access to a national pharmacy network and home-delivery services offering certain pharmacy-related products and services, which include, but are not limited to, retail and home-delivery prescriptions, over-the-counter, and diabetes meds/supplies. This pharmacy network is not an insurance product, nor is it a Medicare prescription drug plan, and you are required to pay the entire cost of any prescription to the pharmacy at the point of sale.

8. Providers using the OptimalMD Service do not, via the OptimalMD Service, prescribe elective medications (except through the "Elevate" and "Optimize" service lines or the "Virtual Primary Care" service line when deemed by the Provider to be medically necessary), anticonvulsants (except through the "Virtual Primary Care" service line when deemed by the Provider to be medically necessary), narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency or regulated under state law. Review the DEA Controlled Substances Schedule (http://www.deadiversion.usdoj.gov/schedules/index.html) if you are interested in a particular prescription and are uncertain if it is listed as a controlled substance. OptimalMD does not guarantee that a specific medication will be prescribed by a Provider if requested, particularly where prescribing of the medication is in violation of OptimalMD’s treatment policies or not medically appropriate, as determined by the Provider, in the Provider’s sole discretion. Our behavioral health Providers will not prescribe you medication until they conduct a mental health assessment (also sometimes called an intake or initial assessment) for you. You will not be prescribed more than a 90-day supply of medication at one time by a behavioral health Provider, and may not receive a refill of the medication unless you first complete a medication management visit with the behavioral health Provider. Our Providers in the "Urgent Care" service line generally do not prescribe more than a 90-day refill within a 6-month period. Our Providers in the "Virtual Primary Care" service line may be able to prescribe you up to a 1-year supply of medically necessary maintenance medications as long as you are compliant with their recommended treatment plan. You agree that any prescription obtained from a Provider in connection with your use of the OptimalMD Service will only be for its intended use. Refunds for completed visits are not provided solely on the basis of Providers not prescribing a medication.

9. The OptimalMD Service does not meet the minimum essential coverage (MEC) requirements imposed by the Patient Protection and Affordable Care Act ("PPACA") or any minimum creditable coverage (MCC) requirements imposed by any state laws. The OptimalMD Service is not a "Qualified Health Plan" under the PPACA.

10. The OptimalMD Service is not insurance and is not intended to replace health insurance; it is a telemedicine service available on a per-visit or membership basis. The offering of products and services by OptimalMD is not to be construed as the sale of insurance product(s) or otherwise engaging in the transaction of insurance. OptimalMD expressly reserves the right, in order to comply with state insurance laws, to (i) limit 8 the number of visits offered in connection with any bundled services and subscription packages and/or (ii) charge a visit fee, both in an amount determined by OptimalMD in its sole discretion.

11. You authorize OptimalMD to use and publish any comments you choose to share about the OptimalMD Service, such as comments shared in the OptimalMD "Patient Satisfaction Survey" or via third-party service providers contracted for such purposes, unless specified otherwise. OptimalMD will not publish any part of your name and will with the comments and will only identify the state of requested service.

12. OptimalMD does not warrant or validate any information provided by a third party (including, but not limited to, your employer, health plan, or the Providers) even if the information is about the OptimalMD Service, whether through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information.

13. OptimalMD has the right to refuse access to the OptimalMD Service to any person, agency, or organization, at any time, for any reason, or for no reason at all.