Terms of Service
Linnea Health - Terms of Use
Last Updated: March 05, 2026
IF YOU BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR LOCAL MEDICAL PROVIDER OR DIAL 9-1-1. TELEHEALTH IS CONTEMPLATED ONLY FOR SPECIFIC, NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS.
We understand the importance of confidentiality and privacy regarding your information. Please refer to Our Privacy Policy for information regarding how we collect, use, and disclose information about you. These Terms of Use contain an arbitration provision. Please review the Arbitration section for details.
Introduction
These Terms of Use ("Terms") govern your use of the Linnea Health website ("Site"), and any other services offered by Linnea Health (together, the "Services"). Linnea Health, or "Linnea Health", and Our associated service provider OpenLoop Health, Inc., or "OpenLoop", (collectively, "We" or "Us" or "Our" or "Company") provides the Site and Services. "You" refers to you as a user of the Site or Services. Any products or services provided through the Site or any affiliated website, software, or application owned or operated by or in collaboration with Us are governed by these Terms. By accessing or using any of the Services, you agree to be bound by these Terms.
Agreement to Terms
These Terms constitute a legally binding agreement made between you and Our Company. These Terms and the other terms and policies referred to herein govern your access to and use of the Site and Services. You agree that by accessing the Site or Services, you have read, understood, and agreed to be bound by all of these Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND THE OTHER TERMS AND POLICIES REFERRED TO HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT, NOTICE OR COMMUNICATION ISSUED BY YOU TO US AT ANY TIME ARE HEREBY OBJECTED TO AND REJECTED BY US, SHALL BE WHOLLY INAPPLICABLE TO YOUR ACCESS TO AND USE OF THE SITE, AND SHALL NOT BE BINDING IN ANY WAY ON US.
Supplemental terms and conditions or documents that may be posted on the Site from time to time, or which may be applicable to some of Our Services, are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms and to the other terms and policies referred to herein (including, without limitation, the Privacy Policy and the Terms of Sale) (the "Additional Terms") at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms or the "Last Updated" date of such Additional Terms, as the case may be, and, except to the extent prohibited by mandatory applicable law, you waive any right to receive specific notice of each such change. It is your responsibility periodically to review these Terms and the Additional Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and in any revised Additional Terms by your continued use of the Site or Services after the date such revised Terms or revised Additional Terms, as the case may be, are posted. If you disagree with these Terms or any Additional Terms, your sole and exclusive remedy is to discontinue your use of the Site or Services.
Eligibility and Requirements for Use
You must have compatible computing and/or mobile devices, access to the internet, and certain necessary software to use the Site. Fees and data charges may apply to your use of the Site and the Internet. You must be at least 18 years old to use the Site or the Services. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian. The Site is hosted in the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. To use the Services, you must live in the United States and in a state or territory where the Services are available. You agree to be legally bound by and comply with the Terms herein. You agree to only use the Services for your personal self and not act on behalf of any other individual or entity.
Your Relationship with Us
We do not provide any medical services, including via the Site. The Services may include access to one or more professional medical organizations, such as OpenLoop Healthcare Partners, PC and its affiliated professional corporations ("Medical Groups" or "Groups") who provide healthcare services (the "Healthcare Services") through the Site. These Groups employ or contract with licensed medical providers and other clinicians ("Providers") who offer certain Healthcare Services via the Site. All Providers who deliver Healthcare Services through the Site are (1) independent practitioners contracted or employed with affiliated Medical Groups that coordinate with OpenLoop, and (2) solely responsible for the Healthcare Services you receive. Accessing the Site does not create any patient-provider relationship. The Site is structured for use specific to certain Healthcare Services and are not, and should not, be considered, or used, as comprehensive medical advice, care, diagnosis, or treatment. In some cases, the Services may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, your Provider may determine that your diagnosis or treatment requires an in-person office visit or otherwise cannot be appropriately addressed through use of the Services. In such a case, you may be notified that you will be unable to use the Services for the particular issue for which you requested assistance, along with additional information regarding next steps. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT,
DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE PROVIDERS OR MEDICAL GROUPS.
To the extent the Services you seek require care by a licensed provider, all Healthcare Service consultations are provided by a Provider licensed in the state where you, the patient, are located, and are delivered via a secure platform that complies with the privacy and security standards established by the Health Insurance Portability and Accountability Act ("HIPAA"). Providers who provide Healthcare Services may provide diagnoses and prescribe medication, if clinically appropriate. Similarly, Providers may issue prescriptions both for controlled and non- controlled substances regulated by the federal Drug Enforcement Agency ("DEA"), encompassing both commercially available and compounded medications.
Medical Advice Disclaimer
Because We are not a licensed health care provider and do not provide medical, nutritional, dietary, behavioral or other advice, the information provided on the Site is only intended to be an informational resource, which you review at your own risk. If you are looking for individualized health care advice, please consult a licensed health care professional. We also strongly recommend that you promptly consult a physician or professional health care provider prior to use of any product. Neither the product nor the ingredients in the product have been approved or endorsed by the FDA or any regulatory agency for treatment of obesity or to cause weight loss. The information contained in this Site is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. Information obtained by using the Services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. We will not be responsible for any health problems or injuries that you may experience as a result of receiving the Services, including from programs, products, or events you learn about through the Site or App. YOU HEREBY AGREE THAT
YOUR USE OF THE SITE, SERVICES AND PRODUCTS IS AT YOUR OWN RISK, EVEN IF ANY ASPECT OF THE INFORMATION IS INACCURATE, INCOMPLETE, OR INAPPROPRIATE IN THE MANNER IT WAS PRESENTED.
Independent Medical Judgment
As described above, We are not licensed to practice medicine and do not provide any healthcare service. We do not control or interfere with the provision of Healthcare Services provided by any Provider, which include medically trained clinicians and their affiliated Medical Groups, each of whom is independent from Us and solely responsible for the healthcare service you receive. You understand and agree that We are not responsible for any Healthcare Service provided by a Provider or their Medical Group, including any personal injury or property damage. You further understand and agree that after reviewing your information, the Provider in their independent professional judgment, will determine whether to prescribe medication, other treatments, or, alternatively, recommend that you consult with alternative clinical resources.
Pharmacy Services
By accepting these Terms, you additionally understand and agree that We are not acting as a pharmacy, nor do We control or interfere with any such services. By accepting these Terms, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities.
Product Information
No products advertised on this Site have been approved or cleared by any state or federal government regulatory body. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States. You use all products at your own risk. OpenLoop Supplement and Product Ingredients: A full list of ingredients used in Our products is available through your patient portal.
ADDITIONAL TREATMENT-SPECIFIC CONSENT (Compounded Medication)
The following consent applies to You if receive a prescription for compounded medication(s). You understand that the FDA does not approve nor review compounded products for safety, effectiveness, or quality. You understand that compounding pharmacies must adhere to quality control standards to ensure the safety and effectiveness of the medications they prepare. Compounding pharmacies are licensed pharmacies subject to state and federal regulations. Safety information is available on our Medications Safety Information page at linneahealth.com/legal/medications-safety-information/. Patient information regarding GLP-1 medications is available in your patient portal for initial and follow-up visits. I understand there is no guarantee of effectiveness of compounded mediations, medical services, or any offerings associated with the Site.
Electronic Communications
By accepting the Terms, you agree and consent to Us sending you disclosures, notices, messages, reports, and other communications electronically. It is your responsibility to monitor these communications. You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from Us by printing a paper copy or saving an electronic copy. You acknowledge and agree that you will not hold Us or any of Our affiliate 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 any treatment recommendations contained in these communications.
Your Protected Health Information Or "PHI"
You understand and agree that the Site is intended to facilitate the Healthcare Services by assisting with or providing (a) the development and gathering of healthcare records and information with retention of the same for use in professional encounters and communications with Providers; (b) administrative support in connection with scheduling and payment for Healthcare Services; (c) administrative support in connection with coordinating fulfillment and payment for prescription medications ordered or prescribed by Providers performing Healthcare Services; and (d) telecommunications and technology support for using the Site as a means of direct access to Providers provided by Medical Groups for communication, consultations, assessments, and treatment by such Providers. Although we are not a "Covered Entity" under HIPAA, you understand that We gather unique information from you to enable a Provider to provide Healthcare Services for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, "Your Information"). This information may be medical information that may be protected under applicable laws. As such, you give your consent to Us to send and disclose to the Medical Groups and their Providers Your Information so that you may receive Healthcare Services. Further, you consent to the delivery of Your Information to affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of the coordination of desired fulfillment and payment for diagnostic testing, prescription medications, and medical services recommended as part of the Healthcare Services. One or more of the labs, pharmacies or Medical Groups may or may not be a "covered entity" or "business associate" under HIPAA, and We may in some cases be a "business associate" of a lab, pharmacy or Medical Group. While state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Us, the Medical Groups, the Providers, the labs, or the pharmacies. To the extent We or OpenLoop is deemed a "business associate" and solely in the role as a business associate, We or OpenLoop may be subject to certain provisions of HIPAA with respect to "protected health information" ("PHI"), as defined under HIPAA, that you provide to the labs, pharmacies, or Medical Groups. In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, "Protected Information"), will be used and disclosed only in accordance with such applicable laws. Any information that does not constitute Protected Information under applicable laws, however, may be used or disclosed in any manner permitted under Our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA. The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Health Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s). By using the Service, you further agree if HIPAA does apply to Us, the Medical Groups, the Providers, the labs, or the pharmacies, any information that you submit that is not intended and used solely for the provision of a diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the pharmacies or laboratory services by the labs, is not considered Protected Information, and will be subject only to Our Privacy Policy and any applicable state laws that govern the privacy and security of such information.
Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, We prohibit certain kinds of conduct that may be harmful to other users or to Us, and We reserve the right to investigate, suspend, and/or terminate your account if you misuse the Site or behave in a way We regard as inappropriate or unlawful. The following is a partial list of the type of actions that you may not engage in with respect to the Site or Services. When you use the Site or Services, you may not: violate any law or regulation; violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights; post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; send unsolicited or unauthorized advertising or commercial communications, such as spam; engage in probing, "deep-linking," "roboting," spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from or monitor the Site or Services or circumvent the navigational structure or presentation of the Site or the Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by Us through the Site. We reserve the right to take measures to prevent any such activity; gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of Our business partners' servers, systems or networks, by hacking, "password- mining" or using any other illegitimate method of accessing data; reverse look-up, trace or seek to trace any information on any other visitor to the Site, or any other customer of ours, including any account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to personal information or other information that reasonably could be used to connect non-personal Information to personal information. transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; stalk, harass, or harm another individual; impersonate any person or entity or perform any other similar fraudulent activity, such as phishing; use any means to scrape or crawl any Web pages contained in the Site; attempt to circumvent any technological measure implemented by Us or any of Our providers or any other third party (including another user) to protect the Site or Services; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or advocate, encourage, or assist any third party in doing any of the foregoing.
User Representations
By using the Site, you represent, warrant and covenant that: (1) all registration or account information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and the Additional Terms; (4) you are at least 18 years old or otherwise able to independently consent to the receipt of the Healthcare Services requested in your jurisdiction; (5) you will not access the Site through automated or non- human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Ownership and Licenses
We own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Content"); and (b) Our trademarks, logos, and brand elements ("Marks"). The Site and Services, Content, and Marks are all protected under U.S. and international laws. The look and feel of the Site and Services are copyright © OpenLoop Health, Inc. All rights reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of OpenLoop. We hereby grant you the right to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without OpenLoop's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. OpenLoop grants to you, subject to these Terms, a non-transferable and non-exclusive license to use for your personal use only any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by OpenLoop and/or its Licensors. OpenLoop has no obligation to update or modify any of the foregoing. You agree to grant to OpenLoop a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to areas of the Services or Site ("User Content") by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against OpenLoop for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
Use of Content- AI
You understand we use artificial intelligence (AI)–enabled tools to create Site Content, layout, and information. User Content and input may be reviewed and used in a de-identified and aggregated manner to improve our services, including AI-powered features. We do not sell personal information or use it to train public AI models.
Terms of Sale
Shipping: When you make a purchase of the Services on the Site (an "Order" or "Subscription Services"), you will be required to pay applicable shipping and processing charges and fees ("Fees"). Note that shipment of certain products, such as meals, may come from third parties acting on Our behalf. Fees are intended to compensate Us for any relevant costs of processing your Order; costs of handling and packing any products; and costs of delivering or providing the purchased products and services to you. Inaccuracy Disclaimer: From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your Order), subject to applicable law. If you do not wish to continue with your Order after pricing or other information has been corrected, please contact Us right away and We will work with you to cancel or return your Order. Billing, Returns and Refunds:
Subscription Billing
When You enroll in Subscription Services, You authorize OpenLoop to charge Your selected payment method on a recurring basis according to the subscription plan You select at checkout. Charges will continue until You cancel in accordance with this Policy. Your Subscription Services fee represents a single bundled price for the subscription purchased. Depending on Your plan and medical eligibility, Subscription Services may include provider consultations (live or asynchronous), care coordination, medication review, pharmacy-fulfilled medications, laboratory services, care support, access to a 24/7 patient support line, and other related services. Included services, medications, and laboratories may vary.
Automatic Renewal and Continuous Billing
Your Subscription Services automatically renew on a recurring basis unless You cancel in accordance with this Policy. By enrolling, You expressly authorize OpenLoop to charge Your selected payment method on a recurring basis at the price, billing frequency, and timing disclosed to You at checkout until You cancel.
Pricing and Billing Frequency
The amount You are charged and the frequency of billing (for example, monthly) are disclosed to You before You complete enrollment and may vary based on the Subscription Services You select. If We change the price of Your Subscription Services, We will provide advance notice as required by applicable law. Any price change will take effect at the start of a new billing cycle unless You cancel before the change becomes effective.
Your Consent
You must take an affirmative action to enroll in Subscription Services, such as checking a box or clicking a button indicating Your agreement to automatic renewal and recurring charges. Subscription Services are not activated without Your express consent.
Subscription Services Cancellation and Refund Policy
Subscription Services
Your membership in the subscription program ("Subscription Service"), including your ability to access the services, begins when you have completed the intake form at which time you will be charged for the first month of the Subscription Services. The Subscription Services include access to providers, medications where appropriate, and online support. Please note if you are disqualified by our medical provider for any medical reason you will receive a full refund. There is no guarantee of results or effectiveness of any treatment or care plan provided to you as part of your participation or use of the Subscription Services.
Cancellation Policy
You may cancel your Subscription Service at any time for any reason. To cancel your Subscription Services, please contact customer service at support@linneahealth.com and request a cancellation or through the process outlined in your online account (if applicable). To ensure a smooth process, we require your cancellation request to be received at least 72 hours prior to your next billing date. If prior notice is not received in this window, your subscription will be charged in accordance with the then-current billing cycle and the cancellation will take effect on the subsequent billing date. After cancellation, you will continue to receive the Subscription Services through the end of the then-current billing cycle. Please see our Refund Policy below to determine if you are eligible for a refund of your canceled Subscription Service.
Refund Policy
If your Subscription Service is cancelled by notifying customer service at support@linneahealth.com within the first 72 hours of your Subscription term and you have not received any Subscription Services, you will be issued a full refund. If your Subscription Service is cancelled due to disqualification by our medical provider, you will be issued a refund for the remainder of your Subscription Service charges following the disqualification. Other than cancellation due to medical disqualification, IN NO EVENT SHALL YOU BE ISSUED A REFUND UPON
CANCELLATION OF THE SUBSCRIPTION SERVICES.
Federal law generally prohibits the return of prescription medications to pharmacies for refund or reuse once they have been ordered to a patient in order to protect public health and safety. This policy ensures that all medications provided are handled and dispensed with utmost care and compliance. If approved, refunds will only be issued for your most recent billing cycle and will not be issued for past billing cycles. Damaged or Incorrect items: Please inspect your medication immediately upon receipt. If the medication appears to be damaged or incorrect, please contact customer service immediately. Damaged items: Damaged items may be replaced by the pharmacy upon receipt of evidence of damage. Incorrect items: Incorrect medications will be replaced by the pharmacy.
Provider-Initiated Cancellation
If Your healthcare provider determines that You are no longer eligible for Subscription Services, Your subscription may be canceled. In such cases, a refund may be issued depending on medication status and timing. If You have questions regarding an eligibility-based cancellation, please contact customer support at patientsupport@openloophealth.com.
Confirmation of Subscription Terms
After You enroll, We will provide a confirmation notice acknowledging Your subscription. This confirmation will include a summary of Your Subscription Services, billing amount, billing frequency, automatic renewal terms, and instructions for cancellation.
Free or Discounted Trials (If Applicable)
If Your Subscription Services include a free or discounted trial, Your payment method will be charged automatically at the end of the trial period at the price and billing frequency disclosed at signup unless You cancel before the trial ends.
Additional Terms
Unless otherwise stated in this Policy, OpenLoop Health's Terms of Use govern Subscription Services. You remain responsible for all fees associated with healthcare services rendered. This Policy applies only to Subscription Services and does not govern separate healthcare or pharmacy charges.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Social Media
OpenLoop Health maintains and interacts with various social media sites. These social media sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user generated content sites ("Social Media Sites"). By accessing, viewing and/or posting any content to any Social Media Site on the internet, you accept, without limitation or qualification, the complete terms of use for those sites. Linnea Health is not responsible for the comments and postings on any Social Media Sites and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion. LINNEA HEALTH DOES NOT AND CANNOT REVIEW ALL
COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, LINNEA HEALTH RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO LINNEA HEALTH AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
Links
The Site and Services may contain links to other websites and online resources. A link to a third party's website does not mean that We endorse it or that We are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Changes to the Site or Services
We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.
Termination
These Terms will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms. We may terminate or suspend any of the rights granted by these Terms and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimers and Limitation of Liability; Indemnification; Informal Dispute Resolution, Arbitration Agreement & Waiver of Certain Rights, Governing Law; Entire Agreement; and Assignment. Subject to applicable law, We reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, We will have no further obligation to provide the Services, except to the extent a Medical Group is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Us harmless from any and all liability that We may incur therefore.
Disclaimers and Limitations of Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE, SERVICES, AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY, OPENLOOP HEALTH, INC. AND THE MEDICAL GROUPS, AND THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, PROVIDERS, PARTNERS, AND LICENSORS ("AFFILIATES") DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY, OPENLOOP HEALTH, INC. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND
ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b)
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, SERVICES,
OR PRODUCTS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO, ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY FROM US AND OUR AFFILIATES TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
This Clause will survive the termination of your relationship with us. You understand and agree that We have set Our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk among Us, our Affiliates, and You, and form the basis of a bargain between the parties.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless OpenLoop Health, Inc. Our Company and Our Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account. If We assume the defense of such a matter, you will reasonably cooperate with Us in such defense.
Notice
We may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Site. Such notices may not be received if you violate this Agreement by accessing the Site in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.
Informal Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. In the event you have any dispute with us, you shall first try in good faith to settle such dispute by providing written notice to Us describing the facts of the dispute (including any relevant documentation) and allowing Us thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to Us must be sent by mail to 317 Sixth Avenue, Suite 400, Des Moines, IA 50309, Attn: Legal Department. We will send any dispute related notice to you at the contact information We have for you. If for some reason the dispute is not resolved satisfactorily within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.
Arbitration Agreement & Waiver of Certain Rights
Except as set forth below, you and We agree that We will resolve any controversies, claims, counterclaims, or other disputes between you and Us or you and an Affiliate (each a "Claim") through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and We hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and We agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. To begin an arbitration proceeding, you must send Us an individual letter signed by you requesting arbitration and describing your claim at 317 Sixth Avenue, Suite 400, Des Moines, IA 50309, Attn: Legal Department. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us. Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, We will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and We also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and We retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. Neither you nor We may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or Our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT
TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Force Majeure
Under no circumstances will We be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond Our reasonable control including changes in government or medical board regulations that limit or change the requirements for the provision of services provided by Us.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Iowa, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Polk County, Iowa. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
Linnea Health Weight Management Program Terms and Conditions
This section describes additional terms and conditions applicable to your participation in the Linnea Health Weight Management Program offered through Linnea Health and the affiliated professional entities that provide services through the Linnea Health platform. The Linnea Health Weight Management Program is designed to provide access to routine and necessary services for weight loss with pharmacotherapy. The Linnea Health Weight Management Program is a primary care offering not intended for use in emergencies or mental health crises, or by patients with specialized needs that should be treated by appropriate specialists. The Linnea Health Weight Management Program is a membership-based service through which eligible Members can obtain limited medical care at the discretion of the Member's provider, including medical provider services and laboratory testing, for a recurring quarterly payment. Although a Member's Provider may prescribe medication as appropriate, the cost of medication is not included in the Linnea Health Weight Management Program Fee. Medication is paid for separately and fulfilled through third party pharmacies for medication delivered to your home or a retail pharmacy of the Member's choice. The Linnea Health Weight Management Program is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your relationship with any specialty provider. You should keep your existing health insurance coverage while you are participating in the Linnea Health Weight Management Program or obtain health insurance coverage if you do not currently have it.
23. Universal Opt-Out and Private Payment Agreement
As a Linnea Health customer You, the undersigned patient, understand that You may be enrolled in Medicare, Tricare or another insurance plan which provides coverage for certain medical services. However, when purchasing Linnea Health prescription plans, you are making the election to opt out of using your insurance benefits for all services rendered by Us. This is valid during your entire episode of care. You agree that by choosing to pay privately for all Services, You will not seek reimbursement from Medicare, Tricare or other insurance plan for the costs associated with these Services. You understand that You are solely responsible for payment for all Services rendered by Us. You also acknowledge that you have discussed this decision with Your healthcare provider and have been provided with information about the potential costs associated with all Services. You understand that you can revoke this decision at any time and utilize Your Medicare, Tricare or other insurance plan benefits for covered services.
Entire Agreement
These Terms, together with the Additional Terms, contains the entire agreement between you and Us regarding the use of the Site. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Us in any manner.
Assignment
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. We may, in Our sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any of Our affiliates , or to a third- party in the event that some or all of Our business is transferred to such other third-party by way of merger, sale of its assets, or otherwise.
CONTACT US
We are committed to providing each of Our valued clients excellent customer service. If you have any questions or concerns, please do not hesitate to contact one of Our professional customer service representatives at support@linneahealth.com
Availability
Support: support@linneahealth.com
Automated System: Monday thru Sunday - 24 Hours a Day
Live Customer Service: Monday Thru Saturday - 9am to 6pm Central Standard Time
Business address
OpenLoop Health, Inc.
317 Sixth Avenue
Des Moines, Iowa 50309
Tel: (910)661-3651
Email: patientsupport@openloophealth.com