Oak Longevity Holdings Corp® TERMS OF USE
Effective Date: March 29, 2024

YOU MUST READ THESE TERMS OF USE CAREFULLY.

OAK DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR THAT ANY ERRORS WILL BE CORRECTED. OAK PROVIDES THE SITE “AS-IS” AND MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY EXPRESSED OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, MERCHANTABILITY, OR NON-INFRINGEMENT. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY AND RISK IN USING THIS SITE AND THE SERVICES.

OAK LONGEVITY HOLDINGS CORP. (“OAK”) PROVIDES AN ONLINE PLATFORM TO ALLOW YOU TO COMMUNICATE WITH A HEALTH CARE PROVIDER AND PHARMACY. OAK DOES NOT PROVIDE HEALTHCARE SERVICES. THIS ONLINE PLATFORM DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MAY NOT BE APPROPRIATE FOR YOUR MEDICAL CONDITIONS.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY OF THESE TERMS OF USE, YOU ARE NOT AUTHORIZED OR PERMITTED TO USE THE SITE OR ANY SERVICES.

THE TERMS OF USE ARE SUBJECT TO CHANGE SO YOU SHOULD READ THEM CAREFULLY EACH TIME TO ACCESS THE SITE OR USE THE SERVICES.

Definitions
For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Country refers to: Delaware, United States
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Oak Longevity Holdings Corp.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website refers to Oak, accessible from http://oaklovesyou.com/
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

INTRODUCTION
http://oaklovesyou.com/ Corp (referred to as “Oak”, “Oak Longevity” “we ”, “us”, or “our”) owns and operates the website www.oaklovesyou.com (the “Website” or the “Site”). The terms “you” or “yours” refer to the person accessing the Site or using the Services.

The Site is an online platform to enable providing the Services. The “Services” include (i) providing general information on topics of health care and wellness (“Content”); (ii) enabling registered users to access pharmacy services; (iii) telecommunications support to allow registered users to access health care providers who have a contractual relationship with Oak; (iv) gathering health care information from registered users; and (v) enabling payment for health care provider services, for pharmacy services, and use of the Site.

These Terms of Use describe your responsibilities in your use of the Site and the Services. By accessing the Site or using the Services, you agree to these Terms of Use, the Privacy Policies of Oak, the Consent to Telehealth, and all applicable laws and regulations. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Site, the Services or the Content.

Oak may change these Terms of Use from time to time without notice to you. These Terms Use are as in effect on the Effective Date shown above. You should read these Terms of Use each time you visit the Site or use the Services.

When using the http://oaklovesyou.com website and associated pages and Oak branded websites (the Site), you agree to be legally bound by this “Terms of Use” document.  Oak manages and owns this site and provides our clients access to and use of certain health products and health services (“Services”).  Use of any questionnaire, information, research, mobile app, or any other information and/or services (collectively, the “Site”) will be governed by these Terms of Use (“Terms”).  (Please NOTE: we, us, our, or ourself” refer to Oak). Oak is not a medical group or doctors organization. Instead, we have potentially built a team of Doctors, Nurse Practitioners, Researchers, Pharmacists, Lab Test companies and other associated specialists (collectively referred to as the “Provider(s)”) to bring better health, mainly through hormone balance and hormone replacement and peptide therapy. Any terms defined herein shall have the same force and effect throughout the entirety of this Terms of Use and in all Oak Policies set forth and incorporated herein and/or published on the Site.

Through a team of Providers, Oak gives clients access to telemedicine consultation and Physician “visits” as provided by independent physicians and nurse practitioners based in the United States. Oak does not directly provide medical treatment or medical advice. Oak is a facilitator offering the Site as a launching point to a platform where medical professionals can provide their respective services to users thereof. 

In the Oak Longevity checkout payment experience, patients are charged a membership fee for a Provider consult (either asynchronous or synchronous), and other value added services made available from time to time by Oak. The portion of the fee that Provider is contracting with Oak to deliver for a consult is contracted at $40 for synchronous (video) professional services visit and $20 for asynchronous professional services. All charges and fees for Clinical Services are determined by Providers, in its sole and absolute discretion. These fees may be adjusted from time to time. Oak may decide to reduce the overall membership fee it’s charging to patients at its discretion, and may reduce or waive the portion of the membership fee that it ascribes to a consult to patients in its own discretion in order to do this. Regardless, Oak will pay the contracted rates to Providers based on their agreed upon terms.

We process information entered by our clients in addition to any lab tests or information gathering pages furnished by the Providers to facilitate targeted solutions for improving your overall health.  Our client (“you” or “your”) enters information in the Provider Portal and the Physicians may offer Prescription medication(s) and other products intended to improve your health. These prescriptions will be fulfilled by the pharmacy Provider who sends medications and other products to your address. By agreeing to our Terms and purchasing any prescription offered through Provider sites, you explicitly agree to the following:

• Your personal and medical information, lab test results and answers to symptom and medical history questions will be collected by the Provider Physicians, Pharmacies, and other contracted Providers to provide the Services.
• You understand and agree that your answers to symptom and history questions must be true, factual, exact, current and thorough. Oak will not be liable for any loss, damage or harm that results from errant disclosures made by YOU, our client.
• You are 18 years old or older;
• You will not access the Site and or use our internet platform for any unauthorized or illegal purpose.
• You have the legal capacity and you agree to comply with these Terms of Use;
• You will update your information in your client portal via this site if any of your health information changes regarding any form of:

• • Heart Attack (Myocardial Infarction) or Heart Disease
  • Stroke Event
  • Cancer diagnosis in your body
  • Detected liver disease
  • DVT/PE, a low or high blood platelet disorder, or clotting disorder
  • Graves’ Disease
  • Active and Unmanaged Cardiac Arrhythmias
  • Addison’s Disease
  • Acute Myocarditis
  • Neck or Thyroid swelling or mass
  • Multiple Endocrine Neoplasia
  • Gastroparesis
  • Pancreatitis
  • Proliferative Diabetic Retinopathy
  • Renal failure requiring hemodialysis

• If any of the above occurs, immediately stop using any medication received through any one of the Providers and complete an updated telemedicine appointment with one of the Provider Physicians to disclose the updated information or diagnosis.  If they re-approve or change your prescription, you may continue treatment.
• You will not use any technique to access this site that is non-human, automated or is typically used by a hacker such as a script, bot, or other format that extracts data from this site or otherwise compromises it.

Services Provided

Oak is a tele-health facilitator and an electronic commerce website for the purpose of improving access to healthcare for our clients.  We have contracted with Physicians, Pharmacies, Lab Test Providers, and other (Providers) to give a complete set of services and the delivery of valuable medications and products to each client who agrees to purchase these products per the Terms contained herein.  These contracted Providers have experience and industry knowledge in their areas of practice.

Any Providers listed are independent of Oak and represent that they have the appropriate training, licensing, equipment and experience to supply their services at a high level. Oak is not making any representations or warranties related to the training, licensing, equipment or experience of its Providers other than verifying what information the Provider has given directly to Oak. Any data, recommendation or advice received from the Provider comes from them alone, and not from Oak. As a result, you hereby release Oak and its employees, partners, affiliates, or any other party from any liability for professional recommendations made by another Provider and/or the results thereof.  Oak does not endorse or advocate any particular Physician, Pharmacy, lab test provider or other professional involved. By using this Site and our Services, you agree that your dependence on a Provider or any advice or recommendation from said Provider is solely at your own risk and you carry and hold Oak harmless from all liability and responsibility for this choice. In addition, any action by a Provider of Oak, will not reflect on or produce a liability for another Provider that we affiliate ourselves with.

Any interaction you have with a Provider via our Website is not intended to replace your doctor-patient relationship with your primary care physician or other professional. Oak makes no claim or warranty as to the training or particular skill of the contracted Providers, even if contacted via our Site. You hold the ultimate choice as to your acceptance or rejection of a Provider.

Oak ventures to provide valuable information about health and hormones from sources worldwide that appear to be valid and well researched.  Oak may provide this content via text, audio, photo, video, infographics, and other formats.  NONE of this content constitutes a diagnosis, recommendation, prescription, treatment or professional medical advice. Oak’s Site knowledgebase and information does not constitute a provider-patient relationship based on any state or federal law.  If you have questions about any prescription or diagnosis, please contact your Provider through the Patient Portal on this Site or your primary care provider.

Based on regulations and laws of the United States, Oak will continue to update the Services as our offering evolves without prior notice. Oak retains the right to modify, limit or discontinue any given service or offering. Any unwanted consequences of the use of the Site are strictly the responsibility of the user.  The Site may include advertisements for Oak products, Provider products or any other form of advertising which may change from time to time at our discretion. Any documents or supplemental terms and conditions which are included on the site or are added to the Site are expressly incorporated into these Terms of Use.  Any continued use of the Site constitutes your acceptance of all Terms. Oak reserves the right to suspend or remove users from our Site and Services at any time without incurring any liability.  Without prior notice, Oak may remove or limit your access to our Site and Services for any reason at our sole discretion.

Account Creation and Registration by User (“Registration” or “Registered”)

The Oak Site is intended to be used for informational and educational purposes – not the provision of professional medical advice.  At the point that you agree to become a client of Oak and use our Services, you must create and register an account through this Site which is housed on a TeleMedicine platform provided by a contracted Provider. You must provide accurate and thorough information. This account must include your legal name, a valid state issued photo ID, your birth date, other personal information and a password you choose so that your account will be secure.

You agree to keep your password confidential and you will be responsible for all forms of use of your account and password. OAK retains full right to remove or change a selected username if it is obscene, offensive or inappropriate at our sole discretion. Should you lose or forget your password or log-in information, please use our “reset password” option or contact our customer service via the links on our Site.

Your account Registration process includes a “Questionnaire” that asks detailed questions about your health, medical history and physical processes and attributes in addition to your personal information like name, age, gender, etc. You are solely responsible for keeping your registration information accurate and up to date.  The detailed information you provide is the primary basis for the Provider physician to determine the appropriate prescription.

Your account is the connection point between you and all of our offerings, products and Services.  In addition, it is the access point to the patient portal that the Providers maintain to confirm your health needs and prescribe prescriptions.  The OAK site is the launching point where patients are directed to the Provider’s Patient Portal and are connected with contracted providers that we have selected.  The Patient Portal is meant to provide a connection to a Medical Professional for the purpose of building a doctor-patient relationship with one of the Providers licensed in your state in order to provide you with prescriptions and other health related products.  The OAK site does not in any way build a doctor-patient relationship between you and OAK or any of our employees. By using the OAK Site and OAK services, you explicitly agree to these Terms. You acknowledge and agree that OAK is the facilitator of the information you provide to the Providers and OAK bears no responsibility in how your information is understood or utilized by a recipient Provider.

Prescription Policy

Some of the products offered via the Provider’s sites require a valid prescription by a licensed medical Provider. In order to receive a prescription from one of the Providers, you must do each of the following:

• Create and Register a valid account through the Oak Site on the Provider platform.
• Provide current, accurate and valid personal information via a Questionnaire
• Complete a TeleMed consultation with one of the Medical Professionals that Oak contracts with to assess your health needs.  If you have taken a lab test through the lab partners, you may discuss the results with the medical Provider you selected.
• If at any time you experience a significant change in health or symptoms thought to be an allergic reaction to any treatment that a doctor prescribes, discontinue use of the product(s) and start another tele-health consultation through the Provider’s patient portal or seek immediate medical attention in the event of an emergency.
• Once your cart has been populated, you have the opportunity to purchase the accepted items by completing the purchase with a form of payment accepted by Oak.
• If you purchase products and services via the Site, the pharmacy Provider will deliver the products to the address that you registered in your account creation or a different address entered by you at the time of purchase.

Your order for a prescription product will not be processed until a Physician has a TeleMed consultation with you, evaluates the clinical appropriateness of the product, and provides a prescription for the product(s) you ordered.  Products ordered that do not require a prescription will be shipped upon payment. Once the pharmacy Provider fills your prescription and sends it, neither Oak nor any Provider will accept return of these custom compounded products.

You agree that any prescriptions that you receive from a Provider through your Oak account will be solely for your personal use. You agree to completely and carefully read any product information and labeling that accompanies the product and to contact a Provider physician or pharmacist through the patient portal if you have any questions regarding the prescription.  You are always free to contact a Provider outside of Oak’s contracted group.

Payment for Services

Oak offers the products and Services to our clients based on purchases made in U.S. dollars.  In order to keep costs down, many of the prescriptions are configured in packages that contain several weeks’ worth of product.  In addition, most of these prescriptions are configured as a subscription that will renew on a recurring basis.  When it is time for the prescription to be refilled, Oak will charge your form of payment on file in your account and a pharmacy Provider will send the prescription to the address listed in your account (which you are responsible to keep up to date).  Oak will continue to fill these prescriptions and charge your form of payment until one of the following occurs:

• Your form of payment is declined by the issuer of the credit, debit or other payment fulfillment company
• Your health information or prescription is changed when you enter new or updated information in the Patient Portal and/or contact the Provider through the patient portal and give them information that changes your recommended prescription.
• If you take an updated “lab test” through Oak and the results of the test and your consultation with the Provider yields a different prescription
• If you log into the Oak Site and go to your current prescription page and CANCEL any or all prescriptions
• If you log into Oak Site and delete your account from the site

If your form of payment in your account is declined, we will send you notice of the decline and ask you to update your payment information in order to continue receiving your prescriptions uninterrupted.  Oak will not be liable in any way for any difficulties or consequences of an interrupted prescription for any cause, including your lack of a valid form of payment, and you hereby hold Oak harmless for any claims related thereto.

By entering your form of payment to purchase items and Services in the Cart, you explicitly authorize Oak and any of the third party payment processing Providers to charge the amount due in your cart once you approve the purchase.  Your Subscription fee may change from time to time based on changes in dosage, prescription or form of product.  You can cancel at any time by logging into the Site and choosing to cancel your subscription or close your account. Cancellation will take effect on a best-efforts basis, but Oak will aim within 24 hours of action taken. Any refills and orders that are paid and within 48 hours of shipment will be sent and cancellation will take effect after the current shipment.

Medicare and Medicaid do not cover the products and Services provided by Oak and we will not submit claims to these agencies or your health insurance. By using this Site, you agree and confirm that you are solely responsible for payment for products and services provided by Oak, and Oak will not make any claim submissions on your behalf.

Insurance, HIPAA, HSA Cards and FSA Cards

Oak is not an insurance provider and does not work with health insurance companies. Each client has the responsibility to confirm if their HSA or FSA card is valid for the purchase of the products they pay for on Oak’s site.  Rules for use of HSA or FSA cards may vary by state and will be totally at the discretion of our client.  Since Oak is not an insurance provider and does not accept insurance payments or work with insurance companies, we are not bound by the HIPAA legislation enacted by the U.S. government. Even so, Oak uses current and common information and data protection schemes on our Site and databases so that your information will be protected. Oak does not fall under the Health Insurance Portability and Accountability Act of 1996, and its related regulations (“HIPAA”) as a covered entity. The medical professionals and pharmacies who provide services to you via our affiliation may or may not be covered entities under HIPAA.

By using the Oak Site, entering information in a Provider Patient Portal and/or receiving TeleMed consultation with the Contracted Providers through the Patient Portal, you are specifying that you agree to Oak retaining information on your health, personal contact information, current and past prescriptions obtained through our Site and any Medical Records created as a result of using our Services.  Oak is not responsible for the actions taken by the affiliated Providers (Physicians, Pharmacy professionals, and lab test partners, etc) and their use of your data and information.  We have a relationship via a services contract and we function as a business associate of these Providers.

Ending a Registration and Account

Oak will promptly respond to a cancellation of your account which will serve to end your registration with our Site. Since prescriptions are packed and shipped several days before you run out of a current prescription, any cancellation will be finalized within 48 hours of your action to cancel.  Any subscription based purchase already packaged and/or shipped will be delivered and no refund will be given. No charges will be made beyond 48 hours from your cancellation date.

Third Party Websites and Services

Oak has contracted with other professional organizations, medical services providers, Physicians, mail order pharmacies, lab testing providers, and content providers in order to bring extensive health information to our clients. Oak’s Site may link to other websites (“Third Party Site(s)”) which might provide educational articles, videos, graphics, podcasts, etc. for the edification of our clients. Any link to Third Party Sites and their content are to be used at your discretion and Oak has no control over their Site or content. Further, Oak does not endorse or approve their content or actions. Oak does not endorse any products or services from these other sites.  If you follow a link from the Oak Site, you shall hold Oak harmless for any negative outcomes and/or claims in relation to these Third Party Sites.

Provider Physicians, Professionals and OAK Policy

In order to provide the Services to our clients, Oak contracts with organizations that provide Tele-Medicine services,TeleDoc consultations and Mail Order Pharmacy services.  These Physicians and other Providers may use the Site from time to time to confirm product information, check patient information or other tasks. All Physicians using the Site to provide the Services, must agree to comply with all State and Local licensing board laws, regulations, and medical guidelines applicable to the Services.  The Physician’s relationship to any Oak clients is a direct doctor-patient relationship not involving Oak. Oak is solely a facilitator of information and does not practice medicine and does not offer medical advice or services directly.  Any Physician who is a Provider, is fully responsible for all advice, interactions, prescriptions, notices or directives given to their patient, even if the patient came by way of Oak. Oak will not be responsible for any action taken by a Physician with their patient and you hereby hold Oak harmless for any and all claims related thereto.

Electronic Communications, Purchases and Consent

Any visitor to the Oak Site is engaging in Electronic Communications. In addition, registering an account, filling in a form, clicking on links and education articles and filling out a Questionnaire are confirmation of the use of our Site and acceptance of these Terms of Use. Any notice, confirmation, agreement, disclosure or reminder that Oak and/or theProviders sent via email, text or other form of notice via the Oak Site shall satisfy any legal requirement that these types of communications occur in writing.

Our clients Agree to the use of electronic signatures, order confirmations, electronic message and notice delivery, policy notice emails, change of subscription notices, etc. in their use of the Site and compliance with the Terms of Use of the Site.  By use of the Site, you agree to waive any of your rights which require an original signature or paper-based records.  All financial transactions will be completed electronically.

All approval and consent of orders, prescriptions, service providers, Physicians, and all other Providers used by the Client via links on this site and the Provider’s Patient Portal is expressly approved by the user when completed electronically. By Registration of an account, you are agreeing to receive electronic communications from the Site via Text, Email, phone call or other electronic means.

Site Ownership, Availability and Intellectual Property Rights

All pages, web addresses, domains and other electronic materials located at the Site are the property of Oak or its Providers, suppliers, partners or licensors.  The Site is protected by the copyright and trademark laws of the United States and similar international laws. Oak grants a non-exclusive, non-transferable, revocable license to our users and clients to use this Site per our Terms of Use.  This license includes object code (visual) use but no access to source code. Any and all rights of use are retained by Oak unless expressly granted to our users. None of the information on our Site may be copied, reproduced, sold, visited, pirated, or re-used for any commercial purpose without the prior written consent of Oak.

Any logo, trademark, proprietary layout or information including documents, text, photos, page layouts, forms, Questionnaires, etc. found on the Site must not be copied or framed without our express written permission. Any use of this Site must be only as permitted by law.  All logos, trademarks, information, software, databases, files, designs, images, audio, video, functionality, and graphics on the Site are owned and controlled by Oak.  None of the elements of the Site may be copied, reproduced, modified, distributed or otherwise used without the written consent of Oak.

OAK is providing the Services of our Site to 45 states of the U.S., unless a particular state has laws that interfere with our provisioning of a certain product or service in that state. By using this Site, you confirm that you are not currently barred from using this Site and that you are receiving our services in the United States.

No Warranty

THE SERVICE AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OAK OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, OAK, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. OAK DOES NOT WARRANT THAT THE SERVICES AND/OR SYSTEM WILL BE UNINTERUPTED, TIMELY, SECURE, OR ERROR-FREE.

OAK MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO ANY GOODS SOLD, INCLUDING WITHOUT LIMITATION, REGARDING PROVENANCE, AUTHENTICITY, TITLE, ATTRIBUTION, CONDITION, VALUE, COMPOSITION, MARKETABILITY, OR COMPLIANCE WITH ANY LAWS OR REGULATIONS. EXCEPT AS MAY BE OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT OR IN A SEPARATE WRITING BY US, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY TO YOU, EXPRESS OR IMPLIED, AND YOU WAIVE ANY CLAIM YOU MIGHT OTHERWISE HAVE AGAINST US OR ANY AFFILIATES, AGENTS OR SUBCONTRACTORS ACTING IN SUCH CAPACITIES, WITH RESPECT TO ANY STATEMENTS OR WRITINGS CONCERNING THE PROVENANCE, TITLE, AUTHENTICITY, ATTRIBUTION, COMPOSITION, AGE, CONDITION, VALUE, OR MARKETABILITY OF ANY GOODS. OAK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OAK SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND OAK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSION OF WARRANTIES SET FORTH ABOVE EXPRESSLY SUPERSEDES ANY WRITTEN OR ORAL STATEMENT MADE BY OAK AT ANY TIME (OTHER THAN ANY WRITTEN WARRANTY OAK MAY CHOOSE TO PROVIDE IN A SEPARATE WRITTEN AGREEMENT WITH A USER).

Security

Oak has designed the Site to be secure and we continue to monitor the Site for any inappropriate use of the Site. You must not attempt to extract data or information from this site and are strictly prohibited from violating our security systems by any of the following:

• Access site data that is private or personal to another user
• Logging into a server or account which is not your Registered personal account
• Using a computer or tool to probe, scan or seek a vulnerability in the Site, Servers or Network used to host the Site.
• Attempting to access and/or copy financial information belonging to any user
• Using the Site or any portion thereof outside the intent of these Terms of Use.

Attempting any of the above or using any software based scheme such as a robot, crawler, scraper or any data extraction tool violates our Terms and may result in prosecution and criminal and/or civil actions. OAK will cooperate with law enforcement to prosecute Users who attempt such actions.

Oak cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Site Management, Modification, and Revisions

Oak will modify the contents of the Site from time to time as new information becomes available and as our offering changes.  These changes may include updates to this Terms of Use document.  You are responsible to remain updated on the Terms of Use of the Site.  If at any time a court of law in any U.S. jurisdiction finds some portion of these Terms as unenforceable, that portion of the Terms shall be modified as directed. All other Terms shall remain in force. You are hereby directed to review these Terms periodically.

Governing Law and Jurisdiction

All Terms of Use of the Site and its Services will be governed by the Laws of State of Delaware and will not be construed according to the laws of your state, county or local ordinances.

Disclaimers

THIS PORTION OF THE TERMS LIMITS THE LIABILITY OF OAK, ITS ASSOCIATES, MANAGERS, AFFILIATES, DIRECTORS, AGENTS, ALL REPRESENTATIVES AND SHAREHOLDERS. READ CAREFULLY, AS THESE TENETS APPLY UP TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU EXPLICITLY RELEASE OAK FROM ALL LIABILITY FOR ALL DAMAGES, CLAIMS, SUITS, PROPERTY DAMAGE THAT MIGHT ARISE IN ANY FORM, PERSONAL INJURIES, AND DEATH.  IF ANY OF THE ABOVE ARISE OUT OF ANY ACTS OR OMISSIONS BY THE PROVIDERS, YOU AGREE TO HOLD OAK HARMLESS. THE USER EXPRESSLY STATES THAT THE USE OR MISUSE OF ANY PRODUCT, SERVICE, OR PRESCRIPTION THAT MAY BE PROVIDED VIA THE OAK SITE MAY PRODUCE UNEXPECTED CONSEQUENCES, UNINTENDED OR UNDESIREABLE RESULTS AND THAT USER WILL HOLD OAK HARMLESS IN THESE CIRCUMSTANCES. THE USER FURTHER AGREES THAT OAK SHALL HAVE NO LIABILITY IF THE USER DOES NOT USE A PRODUCT AS PRESCRIBED OR DOES NOT COMPLY WITH WARNING LABELS ATTACHED TO OR INCLUDED WITH THE PRODUCTS AND SERVICES.

Limits of Liability Regarding the Use of the Site and/or Services

EXCEPT AS PROVIDED BY LAW AND WITHOUT LIMITATION:

OAK SHALL NOT BE LIABLE FOR ANY ACTION OR OMISSION OF THE PROVIDERS AND ANY THIRD PARTY MENTIONED ON THE SITE. NO PROVIDER OR AFFILIATE MENTIONED ON THE SITE SHALL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, BUSINESS, PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY OR ANY TANGIBLE OR INTANGIBLE LOSS ARISING FROM THE USE OF THIS SITE. OAK SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL ACTS OR CONDUCT OF ANY OTHER SITE USER. YOUR ONLY REMEDY FOR ANY LOSS, DAMAGE OR OTHER CIRCUMSTANCE CONCERNING THIS SITE AND THE SERVICES PROVIDED IS TO DISCONTINUE USE OF THE SITE AND SERVICES. IF ANY OF THESE LIMITATIONS OF LIABILITY ARE FOUND TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY TO OAK FOR ANY USE OF THIS SITE OR SERVICES IS THE AMOUNT THE USER HAS PAID FOR THE PARTICULAR TRANSACTION IN QUESTION.

Indemnification

You agree to the extent allowed by law to defend, indemnify, and hold harmless OAK and any Providers, subsidiaries, affiliates, employees, directors, agents, partners or third parties from and against any loss, expense, liability, costs, damages, actions, suits and claims including, but not limited to reasonable attorneys’ fees and other costs caused by any third party claim or charge arising out of any of the following:

• use of the Site
• data or information included on the Site
• treatment, advice, recommendation or act made on the Site
• your breach of the Terms of the Site
• any negligent, wrongful or illegal act or omission by you in the use of the Site
• your disclosure of information including personal information or intellectual property
• activity you engage in concerning the Services

Notwithstanding the above, OAK reserves the right to assume the exclusive defense and response to any matter concerning you that you would otherwise by required to indemnify OAK for, all at your expense.  You agree to cooperate and defend against such claims.

Miscellaneous Terms, Conditions, and Rights

These Terms of Use with all statements, policies, operating information and provisions are the entire agreement and basis of understanding between you and OAK. These Terms operate to the fullest extent permissible by law and supersede and replace any prior agreement or understanding between you and OAK.  These Terms will be updated from time to time and the most current version of the Terms will be found on this Site. Your continued use of the Site after said changes shall be deemed acceptance thereof. Should OAK determine that a change is material to the understanding between us, in OAK’s sole and absolute discretion, we will email a notification, to the email address you have entered as part of your Registered account. If you choose not to be bound by said updates and/or changes to the Terms, your exclusive remedy is to discontinue use of the Site and/or delete/remove your account.

If any provision or portion of these Terms is found to be unenforceable or unlawful, that portion will be considered severable from these Terms and will have no effect on the validity of the remaining Terms.

By using the Site and checking the box that you agree with the Terms of Use, You explicitly agree to hereby waive your defenses against these Terms even if your agreement was not executed in writing.

You further agree that these Terms form a personal agreement between OAK and you and cannot be assigned, transferred, sub-licensed or delegated to any other entity without OAK’s prior written consent. However, OAK may assign, transfer, sub-license, or delegate any and all of its rights and obligations under these Terms without your consent.

Dispute Resolution and Arbitration Agreement

OAK values our clients and we will work in good faith to make sure that our products and Services are being provided in a way that benefits our customers. We will try to resolve any issue you have with the Site, especially concerning our Services and the products we sell. Most of the issues brought up by our clients give us an opportunity to improve our processes and the quality of our offering.

Occasionally we are not able to resolve an issue in a way that is acceptable to our client.  In these cases, OAK will attempt to resolve the problem using a third party. By using this Site and the Services, you agree that any claim, disagreement or dispute concerning our products, services or Site, will be resolved via Binding Arbitration instead of going to court.  In these situations, an arbitrator can typically guide the discovery process based on severity of the claim and can make awards and relief similar to that offered by the court system.  These arbitrators use and interpret U.S. law, especially laws concerning liability and punitive damages per the United States Federal Arbitration Act. This agreement to seek arbitration instead of a remedy in a jury trial shall survive any termination of your Registration on this site, your maintenance of an account and these Terms of Use.

Should you choose to pursue the remedy of a dispute with OAK, you agree to select on our Site the “Settle a Dispute” link near the bottom of the page and follow all steps listed on this document. This link will direct either party to send a valid notice (“Notice”) to the other party.  Said Notice will include a detailed account of the basis and particulars of any claim or dispute and specifically list the solution sought to remedy the situation.  All demands for resolution should be clearly spelled out in the Notice. If after 30 days from receipt of Notice by either party an agreement is not reached to resolve the dispute, either party may commence Arbitration.

If you seek binding arbitration, you should download any forms necessary to begin an Arbitration event from the American Arbitration Association (“AAA”) at www.adr.org. Binding Arbitration shall be governed by the AAA rules as applicable to these Terms of Use. The assigned Arbitrator shall settle all issues listed in the Notice according to AAA rules. The Arbitrator shall provide to both parties a written decision listing the issues, findings, conclusions and applicable statutes used in the decision. In the event of arbitration between the parties, the prevailing party shall be entitled to recover all costs and attorneys’ fees incurred as part of the arbitration from the non-prevailing party.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND OAK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

STATES WHERE WE OPERATE
You are not eligible to use our Site or Services unless you are located in the States Where We Currently Operate listed at our FAQ section of our Website.

OAK DOES NOT PROVIDE MEDICAL SERVICES OR ADVICE
Oak does not provide any medical services. The Content on the Site should not be considered medical advice. Instead, Oak provides a technology platform for you to be able to access a health care provider contracted with Oak. The Site may also provide Content regarding general health and wellness which you alone may decide to use or not to use. BY USING THE SITE AND SERVICES, YOU ARE NOT ENTERING INTO A PATIENT RELATIONSHIP WITH OAK.

Oak’s Services are a method of communicating with contracted health care providers. You are required to read and comply with all communications to you from such health care providers. You agree that you will not hold Oak or Oak’s affiliates liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with these Terms of Use.

CONSENT TO TELEHEALTH SERVICES
Telehealth is the use of electronic information and telecommunications technologies between a health care provider and a patient who are not in the same physical location. Technologies may include videoconferencing, the internet, store-and-forward imaging, streaming media, and wireless communications.

There are risks and benefits of telehealth, some of which are described in our Consent to Telehealth which is incorporated into and made a part of these Terms of Use.

RISKS OF TELEHEALTH CONSULTATIONS
Telehealth communications do not permit the health care provider to have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, you should provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider and consult in person with a health care provider when appropriate. By using the Services, you agree that a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” in-person physical examination. You understand that because there is no in-person physical examination through the Services, the health care provider may not be able to diagnose any potential condition, disease or injury.

PHARMACY SERVICES
Oak has contracted with a pharmacy services to persons using the Platform at a competitive rate. If while using the Services, you receive a prescription from a healthcare provider contracted with Oak, you may select our partner pharmacy to fill and ship said prescription at the established rate. By accessing and using the site you agree to and hereby authorize Oak’s contracted healthcare providers to send all prescriptions you receive to our partner pharmacy to fill and ship said prescriptions. You may also choose to have the prescription filled by a different pharmacy, by calling the pharmacy’s Toll Free phone number to have the prescription transferred to the pharmacy of your choice. Oak cannot guarantee the price of prescriptions filled at other pharmacies. You give us consent to send and disclose to our partner pharmacy (and, if applicable to the pharmacy of your choice) all information provided by you, including without limitation your health care records and other personal and health care information.

If you select to use our partner pharamacy to fulfill any prescriptions, you acknowledge that your medication will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

PAYMENT: No Insurance Accepted
Oak’s contracted healthcare providers and pharmacy service provider  do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By accessing and using the site, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, Oak, its contracted healthcare 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. Please also see Section 14 below for additional terms applicable to your payment obligations. You agree that you are responsible for all fees charged by health care providers  which Oak collects on their behalf. The charges for your access and use of the Site and Services is in addition to the fees charged by health care providers and our contracted pharmacy.

EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SITE ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.

ACCESS RIGHTS AND PROHIBITED USE
You agree to access and use the Site and Services only in the States Where We Currently Operate found in our FAQ and to use the Services solely for your personal and non- commercial use in order to obtain the Services. You agree to access and use the Site only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policies.

We have the right to deny the use of the Site or Services to anyone for any reason.

Oak is the sole owner of the Site and its content, features and functionality and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, create derivative works of, or otherwise use the Site or the contents on the Site except in connection with obtaining the Services.

You specifically agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent yourself or your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer or otherwise compromise any software or other components of the Site; (d) distribute, input, upload, or transmit any virus, application, or any other harmful computer code through or to our Site; (e) use or access the Site to create or develop competing products or services; (f) interfere with the security of or attempt to gain unauthorized access to our Site or Services; (g) bypass, breach, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by us or any of our service providers; (h) copy, duplicate, download, publish, or transmit any data, reports, or other materials related to Oak or content from the Site; or (i) assist any other individual to do any of the foregoing.

OWNERSHIP OF INFORMATION
We will use our best efforts to maintain the privacy of the personal information you submit via the Site in accordance with our Privacy Policies and all applicable laws. All other information you provide to Oak thru the Site or otherwise will be treated as non-confidential and non- proprietary and will become the property of Oak, our affiliates, contractors, successors and/or assigns. Oak has the right to use any ideas, concepts, know-how, or techniques contained in any communication you provide to us for any purpose whatsoever, including without limitation, developing and marketing products using such information.

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
We are not responsible for the information, products or services on any hyperlinks or references on the Site to other websites (“Linked Sites”). We do not endorse or verify the information, products or services on Linked Sites. Your use of Linked Sites is at your own risk.

TERMINATION
You agree to immediately stop accessing the Site and Services if you violate these Terms of Use. Oak may terminate or suspend your access and use of the Site and Services, with or without prior notice, for any reason, and at any time. All provisions of the Terms of Use survive the termination or suspension of your access to the Site and Services.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AT YOUR SOLE RISK.

OAK, ITS AFFILIATES, AND CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE.

RELEASE OF OAK FROM LIABILITY
TO THE FULLEST EXTENT OF APPLICABLE LAW, OAK, ITS AFFILIATES, AND CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY LOSS OR DAMAGE TO YOU CAUSED BY YOUR USE OF THE SITE OR SERVICES.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OAK, ITS AFFILIATES, AND CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR TO ANY PERSON FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, COMPUTER OR MOBILE PHONE DAMAGE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES.

INDEMNIFICATION
To the fullest extent provided by law, you agree to indemnify and hold Oak, its affiliates and contractors and their respective officers, directors, managers, partners, members, employees and agents harmless from any and all liability you may incur as a result of your fraud or violation of these Terms of Use.

Electronic Communications
When you access or use the Service or send emails or SMS messages to us, any Medical Group or its Providers, you are communicating with us, the Medical Group and its Providers electronically. You consent to receive communications from us, the Medical Group and its Providers electronically. We will communicate with you via email, SMS messaging or through the Service to your cell phone and other devices. 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.

Research and Use of De-identified Data
When you access or use the Service you provide informed consent for the use of your personal data and participation in potential research activities conducted by Oak and its partners. You understand and agree that your data will be de-identified to protect your privacy and confidentiality.

You acknowledge that the purpose of this research is to enhance consumer experience, develop recommendations, and advance potential artificial intelligence (AI) technologies, and you consent to the collection, storage, analysis, and utilization of your de-identified data for these purposes.

You understand that your participation in any potential research activities is voluntary, and you have the right to withdraw your consent at any time without facing any negative consequences. You also understand that your decision to withdraw consent will not affect any services provided to you.

You acknowledge that while your personal data will be de-identified, there may still be risks associated with the use of data in research activities. I understand that the results of this research may be published or shared with third parties, but my identity will remain confidential. You waive any rights to the data or insights derived from my participation in this research.

GOVERNING LAW
These Terms of Use and your use of the Site and Services shall be governed by the laws of the Delaware, without giving effect to the principles of conflict of laws.

SEVERABILITY; NO WAIVER: NO AGENCY RELATIONSHIP
You and Oak agree that if any provision in these Terms of Use is illegal or unenforceable, then that provision will be automatically replaced with terms that most closely match the intent of the parties to the extent permitted by law.

The invalidity of any provision in these Terms of Use will not affect the validity and enforceability of the remaining provisions.

The section headings in these Terms of Use are for convenience only and are not intended to be used to interpret these Terms of Use.

All waivers of these Terms of Use by Oak must be in writing. Any failure of Oak to pursue a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Your access to the Site or use of the Services does not create any partnership, joint venture, employment, or other agency relationship between us and you.

Last updated: April 4, 2024