Flourish Medical Terms of Use

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.

FLOURISH MEDICAL SERVICES MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ACCESS THE SERVICES FOR EMERGENCY CARE.

Flourish Medical Terms of Use

The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of Flourish Medical’s website, online content, website forms, and related non-clinical website features (collectively, the “Website”). Flourish Medical may also provide in-person healthcare services, telehealth services, membership-based care programs, secure patient portal access, electronic medical record tools, and other healthcare or wellness-related services to eligible patients (collectively, the “Clinical Services”). The Website and Clinical Services are collectively referred to in these Terms as the “Services,” except where these Terms specifically distinguish between Website use and Clinical Services.

BY ACCESSING THE SITE OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES. THESE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

Additional Terms

Your access to and use of the Services may be subject to further terms, Healthcare Informed Consents, or additional authorizations (“Additional Terms”). Additional Terms may either be linked from the Terms of Use or will be provided to you for your understanding and acceptance when you engage with Flourish Medical or otherwise use our Services. All Additional Terms and Consents are incorporated into the Terms by reference. If the Terms are inconsistent with the Additional Terms, the Additional Terms control with respect to such Service. If you do not agree to the Additional Terms and Informed Consents, you may not be able to use all of the Services. Please note that we reserve the right to modify or supplement these Terms at any time and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access or use the Services.

Overview of Flourish Medical Services

Flourish Medical offers relationship-based healthcare services focused on primary care, metabolic health, obesity medicine, and hormone health. Depending on the service selected and the patient’s location and eligibility, Flourish Medical may offer in-person care, telehealth visits, membership-based care programs, secure clinical messaging, care coordination, medication management when clinically appropriate, and lifestyle and behavioral support. Flourish Medical’s services are intended to support ongoing, evidence-based care and are currently limited to individuals located in states where Flourish Medical and its providers are authorized to provide care. IN THE EVENT OF A MEDICAL EMERGENCY, USERS SHOULD CALL 911 OR PROCEED TO THE NEAREST EMERGENCY ROOM AND SHOULD NOT RELY ON FLOURISH SERVICES.

Membership Programs and Separate Patient Agreements

Flourish Medical may offer membership-based care programs and other clinical services to eligible patients. Information about membership programs, pricing, service descriptions, or availability on the Website is provided for general informational purposes only and does not guarantee enrollment, eligibility, availability, or acceptance as a patient.

Flourish Medical’s membership programs and Clinical Services are not health insurance, are not a health plan, and are not a substitute for health insurance or coverage for hospital care, emergency care, specialty care, prescription medications, laboratory testing, imaging, or other healthcare services not expressly included in a written Flourish Medical membership agreement or service agreement. You are responsible for maintaining any health insurance coverage you determine is appropriate for your healthcare needs.

Participation in any Flourish Medical membership program or Clinical Service requires completion of applicable onboarding, intake, consent, payment, and enrollment processes. Membership programs and Clinical Services may be governed by separate agreements, policies, consents, notices, and patient portal terms, including any applicable membership agreement, informed consent, telehealth consent, payment authorization, cancellation policy, Privacy Policy, and Notice of Privacy Practices.

Viewing information about Flourish Medical’s membership programs or submitting an inquiry through the Website does not enroll you in a membership program or create a provider-patient relationship.

If there is a conflict between these Terms and a separate written membership agreement, patient consent, clinical policy, or legally required notice, the more specific document will control for the subject matter it covers.

Informational Website; No Medical Advice or Provider-Patient Relationship

The Website is provided for general educational and informational purposes only. Information available through the Website is not medical advice, diagnosis, treatment, or a substitute for professional medical judgment, an in-person examination, or consultation with a qualified healthcare provider.

Your use of the Website, including viewing content, submitting a form, requesting information, joining a waitlist, or requesting an appointment, does not create a provider-patient relationship with Flourish Medical or any Flourish Medical provider. A provider-patient relationship is formed only after Flourish Medical accepts you as a patient and you complete all required intake, consent, enrollment, and clinical onboarding steps.

Do not use the Website, email, text messages, secure messaging, or any patient portal for medical emergencies or urgent medical needs. If you believe you may have a medical emergency or mental health crisis, call 911 or go to the nearest emergency room.

No Guarantee of Treatment, Medication, or Outcomes

Flourish Medical does not guarantee that any individual will be eligible for any particular service, treatment, medication, prescription, laboratory test, referral, or care plan. All clinical services are provided by licensed healthcare professionals acting within the scope of their professional licenses and applicable law. Clinical decisions are made by the treating provider based on the provider’s professional judgment, clinical appropriateness, applicable legal and regulatory requirements, patient history, available information, and the risks and benefits of a particular course of care. Flourish Medical does not guarantee that a provider will recommend any particular treatment, prescribe or continue any medication, order any test, or achieve any particular outcome. Website descriptions of services, medications, or treatment options are provided for general informational purposes only and do not guarantee that such services, medications, or treatments will be available, appropriate, or clinically indicated for you.

Eligibility

The Website is intended for use by individuals who are at least eighteen (18) years old. Flourish Medical’s Clinical Services are available only to individuals who meet applicable age, location, clinical, and eligibility requirements. By using the Website, you represent that you are at least eighteen (18) years old or are accessing the Website with the involvement of a parent or legal guardian. Flourish Medical may decline, suspend, or limit access to Clinical Services if you do not meet applicable eligibility requirements.

Privacy

Flourish Medical understands the importance of privacy and confidentiality regarding your health and personal information. Please see our Privacy Policy and Notice of Privacy Practices at www.flourishmedicalwarsaw.com for information about how we collect and use your personal and health information. Our Privacy Policy and Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.

Electronic Communication, Emails, Text Messages, and Phone Calls

Flourish Medical uses various methods of telephone and electronic communication to respond to inquiries, provide information, support enrollment, coordinate care, and provide the Services. When you use the Website to submit information, communicate with us by telephone, email, text message, patient portal, or other electronic means, or otherwise agree to receive Services from Flourish Medical, you consent to our use of electronic communications as described in these Terms, our Privacy Policy, our Notice of Privacy Practices, and any applicable consents or authorizations.

To receive certain communications by text message, you may be required to separately agree to the terms of Flourish Medical’s Text Message Program, which are incorporated into these Terms of Use by reference.

Electronic Notices and Email Communications. During enrollment, through your use of the Website or Services, or as otherwise permitted by applicable law, you agree that Flourish Medical may send you notices, disclosures, consents, authorizations, appointment-related communications, payment-related communications, membership-related communications, and other communications through electronic means, including email, text message, patient portal message, push notification, or posting on the Website. You agree that communications provided electronically satisfy any legal requirement that such communications be in writing, except where applicable law requires a different method of communication. Electronic communications are deemed given and received on the date transmitted by Flourish Medical, unless applicable law provides otherwise.

Phone Calls. We may ask you to provide your phone number, which may be necessary to respond to your inquiries, schedule services, coordinate care, or provide certain Services. By providing your telephone number, you agree and consent to Flourish Medical using that number to contact you regarding your inquiries, care, appointments, membership, payment, patient portal activity, or Services, or as otherwise permitted by our Privacy Policy and applicable law. You may revoke your consent to receive certain phone call communications or update your phone preferences by contacting us at support@flourishwarsaw.com.

Security of Electronic Communications. Although Flourish Medical takes steps to protect the privacy and security of your information and communications, you understand that communications sent through the internet, mobile carriers, email, or text message may not be completely secure. Text messages and emails that you send to, or receive from, Flourish Medical may not be encrypted and may be read or intercepted by third parties. If you choose to send or receive health information or other sensitive information by email or text message, you do so at your own risk. By emailing Flourish Medical or providing your email address, you consent to receiving unencrypted email messages from Flourish Medical, unless you later change your communication preferences. You may update your communication preferences by emailing support@flourishwarsaw.com or by calling 574-213-2170.

Flourish Text Message Program.

Opting-In. Eligible users over the age of eighteen (18) may opt in to participate in Flourish Medical’s Text Message Program. You may opt in by submitting an SMS opt-in form through the Website, during enrollment, through a patient portal or scheduling process, or by otherwise agreeing to receive text messages from Flourish Medical. When you opt in to the program, you consent to receiving text messages regarding your inquiries, appointments, care, membership, payment, patient portal activity, or use of the Services. These text messages may include, but are not limited to, appointment reminders, check-in messages, communications from Flourish Medical or a Flourish Medical provider, health and wellness information, updates regarding prescription or order status, and other messages relating to your care or Services. TEXT MESSAGE SERVICES MAY NOT BE USED TO REPORT A MEDICAL EMERGENCY OR URGENT MEDICAL NEED. The number of text messages you receive from Flourish Medical may vary. You may also receive marketing messages to the extent you have separately opted in to marketing communications from Flourish Medical.

Opting-Out. Access to Flourish Medical’s Clinical Services is not conditioned on your consent to receive marketing text messages. You may opt out of Flourish Medical text messages at any time by replying “STOP” to a message from the enrolled mobile device. After you send “STOP,” we may send one final text message to confirm that you have been unenrolled. If you have opted in to more than one type of text message from Flourish Medical, you may need to opt out of each message type separately. Until you do so, you may continue to receive text messages for any message type from which you have not opted out. You may also opt out of receiving text messages by contacting us at support@flourishwarsaw.com.

Patient Portal and Third-Party Clinical Platforms

Flourish Medical may use third-party platforms, including an electronic health record, patient portal, scheduling system, payment processor, secure messaging tool, laboratory platform, pharmacy-related platform, or other technology service, to support patient intake, scheduling, payment, communication, and Clinical Services. These platforms may be operated by third-party service providers and may be subject to additional terms, privacy notices, consent forms, or platform policies. Flourish Medical is not responsible for the independent acts, omissions, availability, security, or practices of third-party platforms, except to the extent required by applicable law.

Ownership and License to Use the Services

You understand and agree that the Website, Services, and related content, including text, graphics, logos, images, videos, software, design, layout, and other materials, are owned by Flourish Medical or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. These Terms and your use of the Website or Services do not give you any right, title, or interest in or to Flourish Medical’s intellectual property, except for the limited right to access and use the Website and Services as permitted by these Terms. Flourish Medical reserves all rights not expressly granted in these Terms. Any unauthorized use of the Website or Services terminates the limited access rights granted under these Terms.

User Submissions and Information Provided Through the Website

Flourish Medical does not currently allow users to create general website accounts, post public content, or participate in public forums through the website. You may, however, provide information through website forms or other communication tools, including information used to request updates, ask questions, schedule services, or begin the patient intake process.

Any information you submit through the website will be handled as described in our Privacy Policy and, when applicable, our Notice of Privacy Practices. Certain information may also be collected or maintained through a separate patient portal, electronic medical record, or other secure clinical platform used by Flourish Medical. Use of those systems may be subject to additional terms, notices, consents, or policies.

You are responsible for submitting accurate information and for ensuring that you have the right to provide any information you submit. Flourish Medical does not claim ownership of your protected health information, medical record information, or other personal information, and may use or disclose such information only as permitted by applicable law, our Privacy Policy, our Notice of Privacy Practices, and any applicable consents or authorizations.

Acceptable Use

You agree to use the website and any related communication tools only for lawful and appropriate purposes. You may not misuse the website, submit false or misleading information, interfere with the security or operation of the website or related systems, attempt to access information or systems without authorization, introduce harmful code, or submit unlawful, abusive, threatening, defamatory, obscene, or otherwise inappropriate content.

Flourish Medical may restrict or suspend access to the website or related non-clinical services if we believe a user has violated these Terms or created risk to Flourish Medical, its patients, providers, systems, or service providers. Any such restriction does not limit Flourish Medical’s obligations, if any, regarding medical records, continuity of care, or legally required patient communications.

Third-Party Links and Resources

The Website may contain links to third-party websites, platforms, tools, applications, or resources, including patient portal, scheduling, payment, laboratory, pharmacy, educational, or social media resources. These links are provided for convenience only. Flourish Medical does not control and is not responsible for any third-party website, platform, content, product, service, privacy practice, security practice, or terms of use. The inclusion of a third-party link does not imply endorsement, sponsorship, or approval by Flourish Medical. Your use of third-party websites, platforms, or resources is at your own risk and may be subject to separate terms, policies, and notices.

Term & Termination

These Terms remain in effect while you access or use the Website or Services. Flourish Medical may restrict, suspend, or terminate your access to the Website or related non-clinical features if we determine that you have violated these Terms, misused the Website or Services, created risk to Flourish Medical, its patients, providers, systems, or service providers, or if access is limited due to legal, operational, security, eligibility, or technical reasons.

Termination or restriction of access to the Website or non-clinical features will terminate the rights and licenses granted to you under these Terms but will not limit any rights or remedies available to Flourish Medical. Nothing in this section is intended to limit any legally required rights you may have regarding medical records, continuity of care, privacy rights, or legally required patient communications. Any provision that must survive termination in order to give effect to its purpose will survive termination.

Dispute Resolution and Arbitration

Dispute Resolution (including Arbitration, Class Action Waiver and Time to Initiate Action)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution Period: Our support team is available at support@flourishwarsaw.com to address any concerns you may have regarding the Services. Most concerns are quickly resolved in this manner. In an effort to accelerate resolution and reduce the cost of any Dispute (defined below) between us, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a dispute with you, we will send the notice of that Dispute to the email address you have provided to us. If you have a dispute with us, you agree to send us a written notice by email to: support@flourishwarsaw.com. A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or us to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (a) subject line reading: “Notice of Dispute”; (b) description of the nature of the claim or dispute and the underlying facts; (c) date upon which the Dispute arose; (d) the specific relief sought; and (e) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You will personally appear at the conference telephonically or via videoconference; if you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration.

Scope: The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and we agree that any dispute, claim or controversy between you and Flourish Medical asserted after the effective date of these Terms, including but not limited to all disputes arising out of these Terms or your use of the Services (each, a “Dispute”) shall be finally settled by binding arbitration except as expressly excluded below in the Section titled “Exceptions to Binding Arbitration.”

Binding Arbitration: If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.

Process: In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against Flourish Medical must send the written demand for arbitration to MS Flourish Medical, LLC., ATTN: Legal Counsel, 112 E Center St., Suite A, Warsaw, IN 46580. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (iv) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

Location & Hearing: If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Kosciusko County, Indiana, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Flourish Medical may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.

Arbitrator’s Decision: The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

Fees: Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.

Mass Arbitration Before NAM: Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/ or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of the Dispute Resolution Section of these Terms.

Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a procedural arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings.

Exceptions to Binding Arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:

• Provisional Remedies: Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.
• Intellectual Property and Trade Secret Disputes: Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.
• Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.

Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Forum. For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in Kosciusko County, Indiana and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Severability. If any provision in this Dispute Resolution and Arbitration Section of these Terms is found to be unenforceable, that provision shall be severed with the remainder of this Section of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.

30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at support@flourishwarsaw.com. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.

Changes to the Terms of Use and the Services

We are consistently updating and developing our Terms of Use, and at any time, we reserve the right to review or remove any part of these Terms of Use in our sole discretion without prior notice to you. It is your responsibility to check the Terms of Use from time to time when using the Services to determine if any changes have been made. All changes to these Terms of Use are effective upon posting to the Site unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

Moreover, you agree and understand that all or parts of the Services may not be accessible at any time, for any length of time, or for any reason. Flourish will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. Flourish reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that Flourish shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ANY NON-CLINICAL SERVICES, CONTENT, FEATURES, OR COMMUNICATION TOOLS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLOURISH MEDICAL DOES NOT WARRANT THAT THE WEBSITE OR ANY WEBSITE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, ACCURATE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOURISH MEDICAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR SECURITY.

NOTHING IN THESE TERMS IS INTENDED TO DISCLAIM OR LIMIT ANY PROFESSIONAL, CLINICAL, PRIVACY, MEDICAL RECORD, OR OTHER OBLIGATION THAT FLOURISH MEDICAL OR ITS PROVIDERS MAY HAVE TO A PATIENT UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MS FLOURISH MEDICAL LLC, FLOURISH PROVIDERS, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, WEBSITE CONTENT, OR ANY NON-CLINICAL FEATURES OR COMMUNICATION TOOLS MADE AVAILABLE THROUGH THE WEBSITE. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR UNAUTHORIZED ACCESS, EVEN IF FLOURISH MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOURISH MEDICAL’S TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, WEBSITE CONTENT, OR NON-CLINICAL WEBSITE FEATURES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO FLOURISH MEDICAL FOR USE OF THE WEBSITE, IF ANY, WHICHEVER IS GREATER.

NOTHING IN THESE TERMS IS INTENDED TO LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, VIOLATION OF APPLICABLE PRIVACY OR CONSUMER PROTECTION LAWS, PROFESSIONAL NEGLIGENCE, MEDICAL MALPRACTICE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR WEBSITE CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.

TO THE EXTENT ANY WARRANTY OR LIABILITY CANNOT BE DISCLAIMED, EXCLUDED, OR LIMITED UNDER APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF FLOURISH MEDICAL’S LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Flourish Medical, its owners, officers, directors, employees, contractors, healthcare providers, affiliates, agents, and service providers from and against any losses, costs, liabilities, damages, claims, and expenses, including reasonable attorneys’ fees, arising out of or related to your fraud, willful misconduct, violation of law, misuse of the Website or Services, breach of these Terms, or violation of any rights of another person or entity. Flourish Medical reserves the right to control the defense of any claim for which it is entitled to indemnification, and you agree to provide reasonable cooperation.

Geographic Restrictions

The Website is intended for use in the United States only. If you visit the Website, contact us, or access the Services from outside the United States, you understand that any information you provide to us or that we automatically collect may be transferred to and processed in the United States in accordance with these Terms, our Privacy Policy, and applicable law.

Flourish Medical’s Clinical Services are available only in states where Flourish Medical and its providers are authorized to provide care. The Website is not intended to solicit or provide Clinical Services to individuals located in states where Flourish Medical is not authorized to provide care. If you are located outside of an authorized state, you should not submit detailed health information, medical history, symptoms, or treatment requests through the Website. Certain state privacy laws may provide additional rights to residents of those states, and Flourish Medical will comply with such laws to the extent they apply.

Flourish Medical makes no representation that the Website, Services, or Clinical Services are appropriate or available for use in all states or territories within the United States.

Miscellaneous Terms

Governing Law. The Terms, your use of the Services, and any action related thereto shall be governed by and construed in accordance with the laws of the State of Indiana consistent with the Federal Arbitration Act, without regard to the choice of law provisions of any jurisdiction.

Assignment. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Flourish Medical’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Flourish Medical may, without further consent or notification, assign all contractual rights and obligations pursuant to these Terms if some or all of Flourish Medical is transferred to another entity by way of merger, sale of its assets, or otherwise.

Amendment. Except as described in the section entitled Changes to the Terms, these Terms may not be amended unless in writing and signed by both Parties.

Waiver. Any failure or delay to exercise or enforce any right of the Terms, or failure to insist upon or enforce strict performance of any provision of these Terms, shall not constitute a waiver of such right or provision. Waivers shall be effective only if in writing and signed by Flourish Medical.

Entire Agreement and Severability. These Terms, together with any amendments and any additional agreements or consents you may have entered with us in connection with the Services, constitute the entire agreement between you and us concerning the Services. If any portion of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.

Contact Us

If you have questions or concerns about these Terms, you may contact us by mail at:
112 E Center St., Suite A
Warsaw, IN 46580

You may also email us at support@flourishwarsaw.com or call us at 574-213-2170