Privacy Policy & Terms of Use

Privacy Policy

The following Privacy Policy pertains to personal information obtained by Unified Women’s Healthcare, LP (“Unified”) through the website. This Privacy Policy is distinct from any clinical affiliate’s HIPAA Notice of Privacy Practices. If you have any questions about this Privacy Policy, please contact Unified’s Privacy Officer at 1.866.825.1606 or at:

Unified Women’s Healthcare, LP
c/o Privacy Officer
4010 W. Boy Scout Blvd, Suite 500
Tampa, FL 33607

Last modified: February 5, 2024

Unified is affiliated with entities across the United States and collectively are referred to in this Privacy Policy as “Unified,” “us,” “our,” or “we.”

This policy is meant to help you understand what personal information we collect, why we collect it, and how we treat it. This policy also explains how you can exercise certain rights you may have, including how you can access and delete your information. This policy reflects our practices over the past twelve months.

WHAT INFORMATION DO WE COLLECT?

HIPAA and PHI

Certain demographic, health and/or health-related information that Unified collects about you on behalf of our clinical affiliates may be “protected health information” or “PHI” and governed by the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”). Specifically, when (i) Unified is providing administrative, operational, and other services to a clinical affiliate that is a “Covered Entity” (as such term is defined in HIPAA); and (ii) in order to provide those services, Unified receives identifiable information about you on behalf of the clinical affiliate, Unified is acting as a “Business Associate” (as such term is defined in HIPAA) of the clinical affiliate, and this identifiable information is regulated as PHI.

HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. Please read the Notice of Privacy Practices of your Health Provider to understand how your PHI can be used and disclosed. HIPAA does not apply to Personal Information (defined below) that is not PHI. Personal information that you provide to Unified when Unified is not acting as a Business Associate is not PHI. To provide just a few examples, when you (i) create an account, (ii) search for Healthcare Providers or available appointments with Healthcare Providers, or (iii) post reviews.

Personal Information

You may be asked to provide personal information anytime you interact with us. The types of information we collect depends on how you use our services. The following types of personal information are collected by or on behalf of Unified:

• Contact details (Identifiers). Your name, address, telephone number, email address, etc.
• Professional or employment-related information. Employer.
• Educational information. Degree.
• Search Queries. When you search on our website.
• Demographic data. Your age, gender, country, preferred language, etc.
• Data on how you use our website and your device (Geolocation/Internet Activity Information). Your IP address, login information, browser type and version, time zone setting, browser plug-in types, geolocation information about where you might be, operating system and version, etc.

Sensitive Personal Information

You may choose to provide certain sensitive personal information when you interact with us. Depending on how you use our website and our services, the following types of sensitive information may be collected by or on behalf of Unified:

• Financial information. Your bank account number, payment card information, billing address, etc.
• Medical Information. Health insurance information; information regarding your previous, current, and future medical condition and/or treatment.
• Protected Classes. Race, color, religion, national origin, age, sex, pregnancy, citizenship, familial status, disability status, veteran status, genetic information, gender identity, medical condition, ancestry, and disability.

We do not collect or process sensitive personal information for the purpose of inferring characteristics about you. To the extent we collect sensitive personal information, it is for the purpose of providing you services that you request.

HOW DO WE COLLECT YOUR INFORMATION?

1. We collect information from you.

   We may collect and receive information from you, including when you:

   • use or access our website, such as when you book an appointment, make an inquiry, create an account, complete an application, or browse our website;
   • communicate with us by email, telephone, in writing, or social media; and
   • use any of our services.

2. We collect information automatically when you access our website.

   Like many websites, we may receive and store information generated by your activity and information automatically collected from your browser or device when you use or interact with our website.

3. We collect information from other sources.

   We may collect and receive information about you from other sources, which may include:

   • Other healthcare providers;
   • Publicly available sources; and
   • Marketing service providers.

HOW DO WE USE YOUR INFORMATION?

We collect and use your information so that we can operate effectively and provide you with the best experience. We also use the information we collect for the following purposes:

• Providing our services. Customizing our services to your preferences; and keeping proper records of those inquiries, visits, and services.
• Receipt of transactions. Processing your payment and keeping proper records of those transactions.
• Customer support. Notifying you of any changes to our services; responding to your inquiries via email, phone, or writing, or social media; investigate and address concerns raised by you; and monitor and improve our customer support responses.
• Improving our services. Conducting data analysis and audits; developing new products and services; enhancing our website; improving our services; identifying usage trends and visiting patterns; conducting customer satisfaction, market research, and quality assurance surveys; determining the effectiveness of our promotions, and meeting contractual obligations.
• Marketing and promotions. Sending you emails and messages about news and new promotions, features, products and services, and content.
• Safety and security. Using security systems to maintain the safety and security of you and our guests, visitors and employees at our offices.
• Legal proceedings and requirements. Investigating or addressing claims or disputes relating to your use of our services; or as otherwise allowed by applicable law; or as requested by regulators, government entities, and official inquiries.

HOW DO WE SHARE YOUR INFORMATION?

We do not sell your personal information to third parties for monetary consideration and have not done so in the previous 12 months. Depending on your browser preferences, we may share personal information we collect on our website for cross-context behavioral advertising or targeted advertising. We have shared information as follows:

1. Within the Unified Network of Companies.

   We share information within the Unified network of companies to help us provide our services or conduct data processing on our behalf.

2. With our service providers and business partners.

   We may provide information to our vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example:

   • Business associates, contractors, service providers, and other third parties we use to support our business;
   • Payment processors and facilitators;
   • Cloud storage providers;
   • Marketing partners and marketing platform providers;
   • Social media networks and video hosting and sharing platforms;
   • Data analytics providers;
   • Research partners;
   • Consultants, lawyers, accountants and other professional service providers; and
   • Insurance and financing partners.

3. With your consent.

   We may share your information other than as described in this policy if we notify you and you consent to the sharing.

4. For legal reasons or in the event of a dispute.

   We may share your information with third parties for legal reasons or in the event of a dispute. This may include, for example:

   • In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
   • To comply with a court order, search warrant, subpoena, or other legal process;
   • To comply with legal, regulatory, or administrative requirements of any government or law enforcement authority; and
   • To establish or exercise our legal rights and to protect and defend us in connection with any threatened or actual legal action, claim or dispute.

We have shared the following categories of information in the previous 12 months:

• Identifiers
• Protected classes
• Commercial Information
• Internet Activity Information
• Geolocation Data

HOW LONG DO WE KEEP YOUR INFORMATION?

To the extent permissible by applicable law, we will retain your personal information for such period as necessary and proportionate to satisfy or to fulfill the following:

• the purposes for which that personal information was provided;
• an identifiable and ongoing business need, including record keeping;
• a specific legal or regulatory requirement; and/or
• a requirement to retain records that may be relevant to any notified regulatory investigations or active legal proceedings.

WHERE DO WE STORE YOUR INFORMATION?

We process and store personal information inside the United States.

HOW SECURE IS YOUR INFORMATION?

We implement reasonable administrative, organizational and technical safeguards and security measures to protect personal information within our control from unauthorized access, acquisition, disclosure, destruction or alteration, accidental loss, misuse or damage. We regularly review and monitor such safeguards and security measures. Although we take reasonable steps to safeguard personal information, no practices are 100% secure, and we do not guarantee the security of your information.

DO WE USE COOKIES?

We use tracking tools like browser cookies and web beacons to collect information from you. We collect information about users over time when you use this website or any apps that we may make available on our website. We may have third parties collect personal information this way. Learn more about these tools and how you can control them by clicking here.

CHILDREN’S DATA

Our website is directed to and intended for use only by those who are 18 years of age or over. We do not knowingly collect, sell, or share the personal information of or from any person under 18 years of age. If you believe we have the personal information of a person under 18 years of age, please notify us and the personal information will be removed.

YOUR CHOICES

You can make the following choices about your personal information:

• Not provide us with personal information. If you choose to do this, we may not be able to provide you with our services or respond to any queries you may have.
• Turn off cookies in your browser by changing its settings. You can block cookies by activating a setting on your browser allowing you to refuse cookies. You can also delete cookies through your browser settings. If you turn off cookies, you can continue to use the website; however, certain services may not work effectively.
• Promotional emails and other marketing material. You can unsubscribe from marketing material from us at any time by clicking the “Unsubscribe” link contained in the email, or by emailing us at support@lodushealth.com.

Please note that withdrawing your consent to receive promotional emails will not prevent us from sending you administrative communications or legal notices; or emails about changes to our terms, policies, or business practices.

Your Rights Under State Privacy Laws

If you are a resident of California or Colorado, in certain circumstances, you may have the rights to:

• Request access to the personal information we have collected about you;
• Request disclosure of the personal information we have collected and shared about you;
• Request disclosure of the categories of personal information we have disclosed for a business purpose;
• Request that we delete your personal information;
• Request correction of any incorrect or incomplete personal data we have about you;
• Request to limit the use and disclosure of sensitive personal information; and
• Request to opt-out of the sharing of information we collect about you.

You can exercise the rights that apply to you without receiving retaliatory or discriminatory treatment.

To exercise any rights that may be available to you, or to appeal our decision regarding any of these rights, you can call the Unified Privacy Officer at 1.866.825.1606 or write to us at:

Unified Women’s Healthcare, LP
c/o Privacy Officer
4010 W. Boy Scout Blvd, Suite 500
Tampa, FL 33607

California Privacy Rights Regarding Direct Marketing

If you are a California resident, you may request information regarding the disclosure of your personal information to third parties for their direct marketing purposes.

Shine the Light — California residents also have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties. To exercise this right, contact us at the address below.

If you exercise any of these rights you will not be discriminated against in any way.

Beginning January 1, 2020, you may exercise these rights by calling the Unified Privacy Officer at 1.866.825.1606 or writing to us at:

Unified Women’s Healthcare, LP
c/o Privacy Officer
4010 W. Boy Scout Blvd, Suite 500
Tampa, FL 33607

If you choose to exercise any of the rights listed above, for the protection of your information, we will verify your identity. Your identity may be verified in any of the following ways:

• Through your account;
• By confirming at least three (3) information points of your information we maintain; or
• By providing additional documentation that we request.

In certain circumstances you may be able to designate an authorized person to make a request on your behalf. To determine if this applies to you, please contact the Unified Privacy Officer at 1.866.825.1606 or write to us at:

Unified Women’s Healthcare, LP
c/o Privacy Officer
4010 W. Boy Scout Blvd, Suite 500
Tampa, FL 33607

Your Rights Under Canada’s Personal Information Protection and Electronic Documents Act

Individuals who reside in Canada who have provided their personal information to Unified may have the right to:

• Access information we hold about you; and
• Request correction of any incorrect or incomplete personal data we have about you.

You may exercise these rights by calling the Unified Privacy Officer at 1.866.825.1606 or writing to us at:

Unified Women’s Healthcare, LP
c/o Privacy Officer
4010 W. Boy Scout Blvd, Suite 500
Tampa, FL 33607

Do Not Track Signals

Our website is not configured to read or respond to “do not track” settings or signals in your browser headings.

HOW WILL WE NOTIFY YOU OF CHANGES TO THIS POLICY?

We may occasionally update this policy, but we will always update it at least once a year. If we make significant changes, we will notify you of the changes on our website or through other means, such as email.

OTHER IMPORTANT INFORMATION

Contact Us. Questions, comments and complaints about our data practices can be sent to our data privacy office by calling the Unified Privacy Officer at 1.866.825.1606 or writing to us at:

Unified Women’s Healthcare, LP
c/o Privacy Officer
4010 W. Boy Scout Blvd, Suite 500
Tampa, FL 33607

Terms of Use

Last Modified: February 5, 2024

Welcome To Unified

Thank you for using our platform. Our website are provided by Unified Women’s Healthcare, LP (“Unified”), located at 4010 W. Boy Scout Blvd, Suite 500, Tampa, FL 33607.

By using our website, you are agreeing to these terms. Please read them carefully.

No Medical Advice

We do not provide any type of medical advice or consultation via the website.

DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, DIAL “911” IMMEDIATELY.

The website is not intended for medical emergencies or urgent situations. You should not consult the website or any content appearing via the website in the event of a medical emergency or urgent situation.

USING OUR WEBSITE

You must follow any policies made available to you within the website.

Don’t misuse our website. For example, don’t interfere with our website or try to access it using a method other than the interface and the instructions that we provide. You may use our website only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing you access to our website if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our website does not give you ownership of any intellectual property rights in our website or the content you access. You may not use content from our website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used on our website. Don’t remove, obscure, or alter any legal notices displayed on our website.

In connection with your use of the website, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

YOUR PRIVACY

Our privacy policy explains how we treat your personal data and protect your privacy when you use our website. By using our website, you agree that we can use your data in accordance with our privacy policy.

PROHIBITED USES

You may use our website only for lawful purposes and in accordance with these terms. You agree not to use our website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Unified, a Unified employee, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm Unified, or users of the website or expose them to liability.

Additionally, you agree not to:

• Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through the website.
• Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
• Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
• Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the website.

If you encounter content or a user that you believe violates the above policies, please report it to us calling the Unified Privacy Officer at 1.866.825.1606 or writing to us at:

Unified Women’s Healthcare, LP
c/o Privacy Officer
4010 W. Boy Scout Blvd, Suite 500
Tampa, FL 33607

MANAGING CONTENT AND COMMUNICATIONS

Although it is not our intention to do so, we reserve the right, in our sole discretion, to delete or remove your content from the website and to restrict, suspend, or terminate your access to all or part of the website, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability.

Unified, may, but is not obligated to, monitor or review (i) any areas on the website where you transmit or post content, including but not limited to areas where our services are available.

To the maximum extent permitted by law, Unified, will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Unified, also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any of your content.

TRADEMARKS

Unified, or their subsidiaries, or affiliates, or third parties from whom we have permission, own the trademarks or service marks that are used on the website. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Unified, and their licensors may not be used without prior written consent of Unified, or their licensor, as the case may be. Without limiting the foregoing, our trademarks or trade dresses may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.

PROPRIETARY RIGHTS

Your use of the website confirms your acknowledgment that the website contains certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Unified, owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the website. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right.

MODIFYING AND TERMINATING OUR WEBSITE

We are constantly changing and improving our website. We may add or remove functionalities or features, and we may suspend or stop a service altogether.

You can stop using our website at any time. We may also stop providing services to you, or add or create new limits to our website at any time.

LINKS FROM THE WEBSITE

If our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and are not intended and should not be construed as any endorsement or approval of, association with or control over any such organization or site or the contents thereof. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, and disclaim all warranty and liability as to the accuracy, completeness, suitability or utility thereof. If you decide to access any of the third party websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

AGE OF USERS

Our products and services are directed towards adults or with the consent of adults. Individuals under the age of 18 are not permitted to use our website without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 18. Should we learn that someone under the age of 18 has provided any personal information to or on our website, we will remove that information as soon as possible.

DISCLAIMER OF WARRANTIES

OUR WEBSITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR ANY OF OUR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF UNIFIED, AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED USD$500.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Unified, and their officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the website or in violation of these terms.

GOVERNING LAW AND JURISDICTION

All matters relating to the website and these terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

You agree to submit to the nonexclusive personal jurisdiction of the courts located within the City and County of Tampa, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

Any claim or controversy at law or equity that arises out of or relates to this website or these Terms of Use (each a “Claim”), shall first be attempted to be settled amicably in good faith by mediation. If mediation is unsuccessful, any controversy, dispute or Claim arising out of, or in connection with, this website or these Terms of Use must be settled by final and binding arbitration before one (1) arbitrator to be held exclusively in Tampa, Florida in accordance with the Commercial Arbitration Rules, as amended and in effect from time to time, of the American Arbitration Association (the “Rules”). The procedures and law applicable during the arbitration of any controversy, dispute or Claim shall be both the Rules and the internal laws of the State of Delaware excluding, and without regard to, its or any other jurisdiction’s rules concerning any conflict of laws. The arbitrator shall have the power to order injunctive relief or provide further equitable remedies. All fees and expenses relating to the work performed by the arbitrator shall be shared equally between you and Unified. Nothing in this paragraph shall prevent you or Unified, from seeking injunctive relief from any state or federal court located in Tampa, Florida. You and Unified, consent to the exclusive jurisdiction and venue of such courts with respect to any matter not within the arbitrator’s jurisdiction. Any award of the arbitrator may be enforced in any court of competent jurisdiction.

The arbitrator(s) shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including but not limited to any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid.

UNIFIED’S OPTION TO LITIGATE

Alternatively, at Unified’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New Castle County, Delaware.

NO CONSOLIDATION

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. The AAA Supplementary Rules for Consumer Multiple Case Filings and AAA Multiple Consumer Case Filing Fees shall apply when twenty-five (25) or more similar claims are asserted against Unified by the same or coordinated counsel or are otherwise coordinated where representation of the parties is consistent or coordinated across the cases (and your claim is one of them).

LIMITATION ON TIME TO FILE CLAIMS

UNLESS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

CHANGES TO THESE TERMS

We may modify these terms or any additional terms that apply to the website to, for example, reflect changes to the law or changes to our website or the services offered through our website. You should look at the terms regularly. We will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service.

ENTIRE AGREEMENT

The Terms and all documents referenced herein constitute the sole and entire agreement between you and us with respect to your use of the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the website.

YOUR COMMENTS AND CONCERNS

This website is operated by Unified, located at 4010 W. Boy Scout Blvd, Suite 500, Tampa, FL 33607.

All feedback, comments, requests for technical support and other communications relating to our website should be directed to: support@lodushealth.com.