Last revised December 14, 2020
Note, Cerebral is not a medical group. Any telehealth consults obtained through our Website and/or App are provided by independent medical practitioners including, but not limited to, Cerebral Medical Group, P.A. (collectively, “CMG”), an independent provider group with a network of United States based health care providers (each, a “Provider”). (See the Section below titled Supplemental Terms Applicable to Providers.) CMG (or your own medical provider if you do not use a CMG Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not Cerebral. If you do not agree to be bound by those terms, you are not authorized to access or use our Website or App, and you must promptly exit our Website or App.
THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND CEREBRAL AND/OR CMG TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
CMG Providers deliver clinical services via the Cerebral platform to their patients. Cerebral licenses the “CMG” brand name to the independently owned and operated medical practices that use its platform and its administrative, business support, and other services. Providers are independently contracted or employed by the CMG. Providers are not contracted or employed by Cerebral. The Providers, and not Cerebral, are responsible for the quality and appropriateness of the care they render to you. Cerebral and CMG do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.
The Providers are independent of Cerebral and are merely using the Website and App as a way to communicate with you. Cerebral does not own or have an ownership interest in CMG and CMG does not own or have an ownership interest in Cerebral. Any information or advice received from a Provider comes from them alone, and not from Cerebral. Your interactions with the Providers via the Website and App are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Cerebral, nor any of its subsidiaries or affiliates or any third party who may promote the Website and App or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Website and App or Service, nor any information obtained on the Website and App. Cerebral does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Website and App or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Cerebral does not make any representations or warranties about the training or skill of any Providers who deliver services via the Website and App or Service. You will be provided with available Providers based solely on the information you submit to the Website and App. You are ultimately responsible for choosing your particular Provider.
The content of the Website and App and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Cerebral. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Cerebral, or in connection with any communications supported by Cerebral, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Cerebral facilitates your selection of, and communications with, Providers, Cerebral does not provide medical services, and the doctor-patient relationship is between you and the CMG Provider you select.
The medical services, treatment, and care you receive may vary depending on the Provider you interact with. Please contact your Provider or CMG directly for any questions regarding your care or medical treatment.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Cerebral’s Website, App and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Website and App. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services. Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by CMG and Providers through the Website and/or App. You agree that Cerebral is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
Not an Insurance Product. Neither Cerebral nor CMG are insurers. The Services are not insurance products, and the amounts you pay to Cerebral or CMG are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Availability of Services. Cerebral and CMG operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Website and App or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Website and App or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Electronic Communications. When you use the Website, App or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. By opting in to use Cerebral's Services, you agree that when you use or enter the Website or App, you affirmatively consent to conduct business electronically with Cerebral and engage in health-oriented activities with health professionals and professional entities affiliated with Cerebral, and you agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Cerebral and/or CMG may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your User Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Website, App and the Services until you provide the information to us as requested.
Accuracy of Information. Although Cerebral attempts to ensure the integrity and accurateness of the Website, the App and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website or App, Service descriptions and other content on the Website or App. It is possible that the Website and App could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website and App by third parties. In the event that an inaccuracy arises, please inform Cerebral so that it can be corrected. Information contained on the Website and App may be changed or updated without notice. Additionally, Cerebral shall have no responsibility or liability for information or content posted to the Website and App from any non-Cerebral affiliated third party.
Compliance with Law. Additionally, you agree to comply with all applicable laws for visiting, accessing, registering with and using the Website and the App and for purchasing any Products or Services through the Website or the App, and you may only use them for lawful purposes.
Your Device Functionality. You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use Cerebral’s Services. Cerebral does not guarantee that the Website, the App or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. You hereby acknowledge and agree that information about your use of Cerebral’s Services through your device may be sent to Cerebral and/or certain third parties, as deemed necessary to provide the Services. All rate and data fees of your device’s carrier apply. Cerebral is in no way responsible for your carrier rates and data fees, where applicable.
Modified Devices and Operating Systems. Cerebral will have no liability for errors, unreliable operation, or other issues resulting from use of the Website and App on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Website and App on Modified Devices will be at your sole and exclusive risk and liability.
Intellectual Property. With the exception of your electronic medical record, Cerebral and CMG, as applicable, retain all right, title, and interest in and to the Website and App, the Services and any information, products, documentation, software, or other materials on the Website and App, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Website and App licensed by Cerebral or CMG (in that case, the license provider retains all right, title, and interest therein). The information available through the Website and App and the Services is the property of Cerebral or CMG, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Cerebral or CMG trademarks, service marks, and logos are strictly prohibited without the prior written permission of Cerebral or CMG, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Website and App. Nothing contained on the Website or App should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Website and App without the written grant thereof by Cerebral, CMG, or the third party owner of such trademarks, service marks, or logos. The Website and App may contain other proprietary notices and copyright information, the terms of which you agree to follow. Cerebral may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
User Materials License. All names, photographs, information, communications and any other content that you submit to or publish on or through the Website or the App, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Website, the App or your User Account (defined below), including any medical information you provide via the Website or the App, if any and as applicable, is hereinafter defined as the "User Materials." you agree not to provide any User Materials that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You represent and warrant to Cerebral and CMG that you have the legal right and authorization to provide all User Materials to Cerebral and CMG for use as set forth herein and required by Cerebral and the CMG Provider. Cerebral or CMG may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Cerebral or CMG may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
Disclaimer of Warranties. CEREBRAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE AND APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE AND APP WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR APP IS AT YOUR SOLE RISK. THE WEBSITE AND APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE ARE PRESENTED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. CEREBRAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE OR APP. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, THE APP, AND SERVICES. CEREBRAL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY CEREBRAL (OR CMG) ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY CEREBRAL OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. CEREBRAL (OR CMG) DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. CMG PROVIDERS MAY NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR WEBSITE OR APP MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. CEREBRAL AND CMG DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITE OR APP, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
Termination or Suspension of Service. Cerebral has the right to suspend or terminate the function or existence of all or any part of the Website, the App and/or your User Account at any time, and without notice or recourse, as deemed advisable. Cerebral shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Website and App or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Website and App or the Services in accordance with our internal record retention or destruction policies.
Cerebral Medical Pages. Certain pages within the Website and App contain healthcare-related information, herein collectively referred to as the "Cerebral Medical Pages." Cerebral Medical Pages are provided and operated by Cerebral as a service to CMGC. All communications, statements, materials, and transactions published or conducted on, through or in relation to the Cerebral Medical Pages are those of CMG and not Cerebral. Cerebral is not a party to or responsible for any such communications, statements, materials, transactions, products, or services; rather it is merely an intermediary.
Export Compliance. You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Cerebral and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Cerebral and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Cerebral or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your User Account will be terminated for any of the above infractions.
User Account Activity and Responsibility. You agree to fully, accurately, and truthfully create your User Account, including but not limited to your name, phone number, email address, and password, which become your Cerebral ID and credentials. The Cerebral ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Cerebral ID or credentials, and you are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account by way of keeping your login credentials secret to only yourself. You are also responsible for maintaining the completeness and accuracy of the contents of your User Account as this information is used by CMG to render appropriate medical care. Please contact Support (firstname.lastname@example.org) if you suspect that another individual or third party has gained access to your User Account.
To be a healthcare provider using the Website and App (for purposes of this Section, “Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by CMG, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Cerebral users (including, but not limited to, your CMG patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Cerebral. Cerebral does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and CMG are solely responsible for all billings and collections from patients and other consumers, and Cerebral shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
Cerebral does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Cerebral agree that Cerebral is not providing to customers, patients, or anyone else, medical advice or legal advice. THE CEREBRAL WEBSITE, THE APP AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Provider will use the Website, the App and Services only in accordance with applicable standards of good medical practice and applicable law. While software products such as the Website, the App and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Website, the App and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Cerebral and waives any and all potential claims against Cerebral as a result of Provider’s use of the Website, the App and Services, and the provision of services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Cerebral harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Cerebral, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Website, the App and Services. To the extent applicable, Provider will obtain Cerebral’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Cerebral or defect in the Website, the App or Services. Cerebral will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Website and App (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Cerebral that you have the legal right and authorization to upload all Provider Content at the Website and App. Cerebral shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Cerebral desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. Cerebral is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
Cerebral does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Website and App. You grant Cerebral the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Website and App or provide to patients or other consumers. Cerebral and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Cerebral Products or Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any Website, App or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
Automatic Renewals. Your Membership will automatically renew on a monthly basis at the end of an existing subscription period. Cerebral will bill you for the subsequent membership period on a monthly basis. You are responsible for paying for this. Should you cancel your Membership (see below) before the end of the current billing cycle, then access to the Membership Services will be removed, but you will continue to have access to the membership pages as they may contain personal health information.
Cancellations. Please email email@example.com by 5pm PT the business day before your scheduled billing date to cancel your account. Cerebral reserves the right not to refund any prepaid amounts due to cancellations.
Third-Party Payment Processing Vendor. All credit card, debit card and other monetary transactions on or through the Website and the App – whether with Cerebral or CMG – occur through online payment processing application that is provided by a third-party vendor(s). This information is accessible through the Website and the App. Such arrangements are contractual in nature and is not under the direct control of Cerebral or CMG.
Payment Authorization and Obligations. By providing Cerebral with your payment information, you hereby authorize, but under no obligation, Cerebral to do the following as Cerebral deems necessary: (a) share your payment information with Cerebral, Inc, CMG, and any Cerebral subsidiaries (henceforth “The Company”); (b) share your payment information with the third-party payment processing vendor(s) (see above); and (c) obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s), and/or applicable third-party providers. You agree that you are responsible for all amounts that accrue under your account(s) with The Company, the third-party payment processing vendor(s), and/or other third parties on or through the Website and the App. This includes, but is not limited to, your subscription fees, unpaid invoices, overdraft charges, penalty fees, as well as payment validation fees (which consists of a temporary hold of $0.01 when updating payment information in order to facilitate the transaction and verify the validity of your payment method).
Refusal of Products and Services on Fraud. Cerebral has the right to refuse its Products and Services (including, without limitation, the Website, the Apps, and any Products and Services offered by Cerebral) on suspicion of fraudulent or illegal activity associated with your User Account. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription and subsequent medication by CMG.
Waiver of Claims and Unauthorized Payments. You agree to waive all claims against Cerebral related to any unauthorized payments made on or through your account(s) with Cerebral, Cerebral’s’ third-party payment processing vendor(s), CMG or any other third parties and/or any other person or entity, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Cerebral so that Cerebral can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Cerebral was assist in correcting the alleged unauthorized payment, provided that such claim ("Unauthorized Payment Claim") is received by Cerebral within thirty (30) days of the subject charge or payment.
Refunds. Except as required by applicable law, there are no refunds regardless of whether Services were utilized (including, but not limited to, Provider visits, Care Counselor visits, and medication delivery). All orders are final once shipped. When the package is dispensed by the pharmacy, the order cannot be returned or refunded. Federal law prohibits pharmacies from accepting returns or exchanges on prescriptions, to protect the integrity of the medication and the health of the patient. If you think you’ve received the wrong medication, have received an order in error, or have any other questions, please contact us at firstname.lastname@example.org.
Insurance. To the extent you have health insurance, and the Services are eligible for such insurance, you hereby authorize Cerebral and/or CMG to collect payment and charge your credit card for copayments, coinsurance, and amounts resulting from your insurance deductible plus any amounts not covered by your insurance. You hereby authorize all such charges to be charged at once in a single charge.
Certain Products available through the Website and App require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription Product unless you have completed a consultation with one of the Providers through the Website or App, the Provider has determined the prescription Product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription Product is appropriate for you and writes a prescription, you may fill it through one of the Pharmacies by using the Website or App, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or emailing email@example.com. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription Products will not be dispensed in child-resistant containers.
If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription Product will be shipped to you by the applicable Pharmacy.
Cerebral does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers may not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Cerebral and CMG fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.
Express Consent. Cerebral and CMG are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You hereby expressly consent to receive text messages from us as set forth under the Section above, “Consent to Receive Calls and Text Messages and Video Recordings”. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, SMS, and data fees apply. However, granting of this consent is not a condition for receiving Services from Cerebral. Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “Contact Us” below.
Communication Opt-Out. You may opt-out of receiving any of the above as described at any time by going through your User Account. Opting out may impact your receipt, the success, and/or the performance of Cerebral’s paid Membership Services.
Prohibited Activities. You are prohibited from violating or attempting to violate the security of the Website or the App, including, without limitation: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Cerebral or its licensors with respect to the Website or the App; (c) the reproduction or publication of the Website, the App or any data or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by Cerebral herein); (d) the use of any software, program, process, device, application or routine (e.g. robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere with the Website, the App, any servers which may host the Website or the App; (e) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access.You further agree not to: (i) access the Website and App or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, the App or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website, the App or the Services; (v) use robots or scripts with the Website or App; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website or App; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Cerebral; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Website, the App or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. You agree to defend, indemnify, and hold harmless Cerebral, CMG, and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Materials you upload to or transmit through the Website and App or any breach of this Section. Violations of system or network security may result in civil or criminal liability. Cerebral may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Your use of the Website and the App is done at your own risk. The Website, the App, the success or performance of the Website or the App and all information, communications, content, features, Products and Services offered, sold and/or licensed on or through the Website and/or the App are provided to you on an "as is," "where is," "as available," and "with all faults" basis.
All descriptions, images, references, features, content, specifications, products, and prices of any Products or Services offered by Cerebral (or possibly CMG) on or through the Website or the App are subject to change at any time and without notice to you. Any medical products are provided subject to all warnings, limitations, and restrictions published or provided by the manufacturer thereof.
Limitation of Liability. CEREBRAL SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF CMG OR THE PROVIDERS. CEREBRAL AND ANY THIRD PARTIES MENTIONED AND ANY OF CEREBRAL’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS) WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE WEBSITE AND APP, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE AND APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND APP, OR SERVICES IS TO STOP USING THE WEBSITE, APP OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF CEREBRAL TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE AND APP IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. THE DISCLAIMERS AND LIMITATIONS SET FORTH ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.
Copyright/Trademark Information. Copyright ©2020 Cerebral, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Website and App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
You and Cerebral and/or CMG agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Website and/or App; any content currently or previously available on or through the Website and/or App; any Products or Services; your relationship with Cerebral and/or CMG; your user data; the threatened or actual suspension, deactivation, or termination of your Account or this Agreement; payments made by you or any payments made or allegedly owed to you; any promotions, benefits, or other offers; and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction (which shall be exclusively in the state or federal courts located in San Francisco, CA) to prevent the actual or threatened infringement, misappropriation or violation of a party’s data or copyrights, trademarks, trade secrets, patents or other intellectual property rights. All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND CEREBRAL AND/OR CMG ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
You acknowledge and agree that you and Cerebral and/or CMG are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class, collective, or consolidated proceeding. Further, unless you and Cerebral and CMG otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. It is your and Cerebral’s and/or CMG’s intent that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of California. This Agreement governs to the extent it conflicts with the AAA Rules or FAA.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Cerebral and CMG otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Cerebral and CMG submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- By mail: Cerebral, Inc., attn.: Support, 340 S Lemon Ave #9892 Walnut, CA 91789.
- By email: firstname.lastname@example.org
The Select Third Parties, as defined above, are not responsible for providing support for the application portions of the Website and App and may not be contacted for support.