Terms & Conditions

Last Modified: February 28, 2024

 

Welcome to Equal Health! We are thrilled that you are here and can’t wait to get to know you. Below are some Terms of Use for our Website. Please read them carefully before you get started and be sure to revisit this page to check for any changes and updates each time you use our Website. Please let us know if you have any questions by contacting us at info@getequalhealth.com.

 

Our Website is not intended for emergency care. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DISCONTINUE USE AND IMMEDIATELY CALL 911.

 

THIS IS IMPORTANT. PLEASE READ all our Terms of Use, and especially this paragraph, CAREFULLY. We know that this disclaimer is no fun, but our goal is to continue to provide LGBTQIA+ friendly and accessible care to as many people as possible. To do this, we need you to understand that the laws surrounding the accessibility of certain types of healthcare are changing and may have already recently changed in your State. Please do not attempt to use this Website or obtain any goods or services provided by Equal Health that is prohibited where you live. For questions regarding what is permitted where you live, please consult the laws of your jurisdiction. When you use Equal Health and/or our Website, we are not responsible for any losses or damages that result from your attempts to obtain care that is or may become prohibited by law in your jurisdiction, regardless of your intention, and we cannot guarantee any refunds requested due to a change in the availability of certain types of care in your area. This paragraph supersedes our Cancellation and Refund Policy below. Equal Health cannot provide any legal advice regarding the laws in your area, but we are happy to answer questions regarding our Cancellation and Refund Policy. We appreciate your cooperation and look forward to celebrating a day when this paragraph of our Terms is no longer necessary.

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Acceptance of the Terms of Use

These Terms are entered into by and between You (“you,” “yours” “User,” or “Patient”) and Blossom Q Health, Inc. (“Equal Health,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents we expressly incorporate by reference (collectively, “Terms of Use” or “Terms”), govern your access to and use of www.getequalhealth.com, including any content, functionality and services offered on or through www.getequalhealth.com (our “Website”), whether you are a guest or a registered user.

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By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.getequalhealth.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Website.

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This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you are under the age of 18 you may join our mailing list to receive updates regarding eligibility for goods and services through our Website.

 

By visiting, accessing, registering with us or using the our Website, you are representing and warranting that you are (1) at least 18 years or age or older, (2) that anytime you meet with one of our Providers you are located in the same state as the shipping address you provide in your account, (3) you agree that you will only use our Website and our services for lawful purposes. Our Company and this Website is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

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Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on our Website.

Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

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Accessing our Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on our Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including registered users.

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You are responsible for both:

·       Making all arrangements necessary for you to have access to our Website.

·       Ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.

To access our Website and resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on our Website, is governed by our Website Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Website Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

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Intellectual Property Rights

Our Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

·       Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·       You may store files that are automatically cached by your Web browser for display enhancement purposes.

·       You may print one copy of a reasonable number of pages of our Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

·       If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

·       Modify copies of any materials from this site.

·       Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

·       Access or use any part of our Website (including any services or materials available through our Website) for any commercial purpose.

If you wish to make any use of material on our Website other than that set out in this section, please address your request to: info@getequalhealth.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Website in breach of the Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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Trademarks

The Company name, the terms Equal Health, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

You may use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:

·       In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·       For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.

·       To send, knowingly receive, upload, download, use or re-use any material which is prohibited by these Terms of Use.

·       To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

·       To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

·       To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm the Company or users of our Website, or expose them to liability.

Additionally, you agree not to:

·       Use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website.

·       Use any robot, spider or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the material on our Website.

·       Use any manual process to monitor or copy any of the material on our Website, or for any other purpose not expressly authorized in these

 

Terms of Use, without our prior written consent.

·       Use any device, software or routine that interferes with the proper working of our Website.

·       Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

·       Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer or database connected to our Website.

·       Otherwise attempt to interfere with the proper working of our Website.

 

User Contributions

Our Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our Website.

Except with respect to PHI or personal information that is protected by law, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our Website, you grant the Company and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. By posting, you grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, User Contributions (in whole or in part) for the purposes of operating and providing the services to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, has completely and effectively waived all such rights, and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not the Company, are responsible for all of User Contributions that you post including its legality, reliability, accuracy and appropriateness. In addition to the foregoing, the Company shall have the right, in its sole discretion, to edit, duplicate, or alter the post in any manner for any purpose that the Company deems necessary or desirable, and you irrevocably waive any rights you may have in the User Contribution. You further agree that you shall have no right of approval and no claim to compensation in connection with any User Contribution. The Company is not responsible, or liable to any third party, for the content or accuracy of any User

 

Contributions posted by you or any other user of our Website.

You represent and warrant that:

·       You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

·       All of your User Contributions do and will comply with these Terms of Use.

 

Monitoring and Enforcement; Termination

We have the right to:

·       Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·       Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Website or the public or could create liability for the Company.

·       Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website.

·       Terminate or suspend your access to all or part of our Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on our Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

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Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

·       Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

·       Promote sexually explicit or pornographic material, violence, or discrimination based on race, gender identity, sex, religion, nationality, disability, sexual orientation or age.

·       Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

·       Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy

·       Be likely to deceive any person.

·       Promote any illegal activity, or advocate, promote or assist any unlawful act.

·       Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

·       Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·       Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

·       Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us via email at info@getequalhealth.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Reliance on Information Posted

The information presented on or through our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third-parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to our Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to our Website

All information we collect on this Website is subject to our Privacy Policy. By using our Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Terms of Sale

All purchases through our site or other transactions for the sale of goods, services, or information formed through our Website, or as a result of visits made by you are governed by Terms of Sale below.

All products offered for sale by the Company are subject to availability. You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to impose quantity limits on any order 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 or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any taxes due, with respect to your purchase of products or services through our Service. We will collect applicable sales or other taxes where the Company has a duty to do so. We are not required to, and do not, collect all applicable taxes in every jurisdiction. Accordingly, you may have a duty to directly report and pay taxes where applicable.

 

Payment for medical appointments must be received prior to you scheduled appointment. Failure to remit payment prior to your appointment will constitute as a “no show” and impact your provider’s ability to treat you during your scheduled appointment time and will be subject to our Cancellation and Refund policy below.

 

You represent and warrant that you are buying products or services from the Website for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

 

Only valid payment methods acceptable to us may be used to complete a purchase. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, taxes and fees associated with the products that are included in the shipment. By submitting your payment information to our Website, you grant the Company the right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.

 

Online payment processing is provided by the Company’s third-party online payment processing vendor, WiX, Square in conjunction with Jotform, Paypal, and other processing vendors who may be included from time to time (“Payment Vendors”). Additional information about our Payment Vendors, their privacy policies and information security measures should be provided by our Payment Vendors on their websites located at: https://squareup.com and http://jotform.com. In addition, please note that in the event of full or partial refunds, Square will not refund any processing fees associated with the transaction.

 

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown are only an estimate and are not guaranteed. Any risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

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Use of Third Party Pharmacy Vendor

Equal Health participates in pharmacy programs with certain vendors (“Pharmacy Vendors”). By utilizing Pharmacy Vendors, you hereby acknowledge that your desire to utilize third party services to ship your medications to you. You understand that use of third-party Pharmacy Vendors is subject to the terms of the specific Pharmacy Vendor being used. Equal Health does not provide any guarantees related to any loss or delay of delivery of your medication. By proceeding with a Pharmacy Vendor, you hereby accept the risks and unknowns of having your prescription orders delivered by USPS/UPS/FEDEX/or other delivery method.

 

Insurance

Equal Health’s acceptance of health insurance is subject to availability based on where you are located and is subject to change. Insurance is not required to use or purchase goods or services through our Website. Certain fees related to our memberships may not be covered by traditional health insurance. Equal Health does not guarantee that your health insurance plan or employer will cover any purchases of goods or services made by you. If you do not have insurance coverage or if payment or coverage is denied by your health insurance plan or employer, you acknowledge that you will be personally responsible for all fees and charges that are not covered subject to our Cancellations and Returns Policy below.

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