Terms and Conditions

BY ACCESSING, BROWSING, OR USING THE SERVICE (AS DEFINED BELOW), INCLUDING ENROLLING IN A MEMBERSHIP, COMPLETING ANY ONBOARDING OR INTAKE PROCESS, OR OTHERWISE INTERACTING WITH THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE SERVICE.

THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN. UNLESS YOU TIMELY OPT OUT, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

If you have a medical emergency, seek in-person emergency care immediately or dial 911. The Service is not appropriate for all medical conditions or concerns.

Scope of Agreement.Take 2 Medical PLLC, DBA: Optimize HP and/or its parent companies, subsidiaries, affiliates, successors, and assigns (the “Company,” “Optimize,” “we,” or “us”) owns and operates the websites located at optimize-hp.com(the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Optimize, and any affiliated website, software or application owned or operated by Optimize (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms”). Please read this Agreement carefully because it sets forth the important terms you need to know about the Service.

In this Agreement, “you” and “yours” refer to the person using the Service. The Service is not intended for individuals under 18, and individuals under 18 are prohibited from using the Service or entering into this Agreement. If you do not agree to this Agreement in its entirety, you may not use the Service. We reserve the right to revise or remove any part of this Agreement or the Service at any time. Any changes are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting. If you disagree with this Agreement or any changes, your sole remedy is to discontinue use of the Service.

Your Relationship with Us. By using the Service, you represent and warrant that you have the right, authority, and capacity to agree to and be bound by this Agreement. You acknowledge that this Agreement is concluded electronically. Optimize grants you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with this Agreement. You agree not to use the Service for any unlawful or harmful purpose. You will not infringe on any rights of Optimize or others, including intellectual property or privacy rights. You agree to comply with all applicable laws and regulations when using the Service.

Account and Registration. To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your password and account information. You agree not to disclose your password to others or allow any third party to access your account. You will notify us immediately if you believe your account has been compromised. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

Privacy. Your privacy is important. Please review our Privacy Policy, which is incorporated by reference and explains how we collect, use, and disclose information about you. The Privacy Policy is available at optimize-hp.com and governs the processing of any personal information you provide in connection with the Service.

Limited Medical Services and Disclaimer.The Service may include access to telehealth consultations, treatment plans, or other wellness services provided by licensed professionals (the “Providers”) through our platform. The content and services provided through the Service, including any medical advice or treatment, are intended to complement but not replace the services of your primary healthcare provider or emergency services. The Service may not be appropriate for all conditions. The Providers are not employees of Optimize; Optimize is not a medical care provider. The Providers are independent licensed professionals or affiliated medical groups (“Medical Groups”). Optimize provides administrative support and operates the Platform, but does not provide direct medical care, diagnosis, or treatment. All medical decisions are made by the Providers and Medical Groups.

THE SERVICE, INCLUDING ALL CONTENT, PRODUCTS, AND SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Optimize DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Optimize DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations of Liability.TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMIZE AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OPTIMIZE’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO OPTIMIZE IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.You agree to indemnify, defend, and hold harmless Optimize, its affiliates, and its and their officers, directors, employees, contractors, agents, licensors, and representatives from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way related to (i) your access to or use of the Service; (ii) your violation of this Agreement; or (iii) your violation of any rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Dispute Resolution and Arbitration. UNLESS YOU OPT OUT AS SET FORTH BELOW, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND OPTIMIZE OR A MEDICAL GROUP OR PROVIDER WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND CLASS ACTIONS. You may opt out of arbitration within 30 days of agreeing to these Terms by sending a written notice to support@optimize-hp.com stating that you elect to opt out of arbitration. This arbitration provision does not apply to small claims filed in your local small claims court or to disputes outside the scope of this Agreement. The arbitration will be administered by a neutral provider and will take place in the federal district of Travis County, Texas. Each party will bear its own costs except as specified in the arbitration rules. Any award will be limited to the claim and the relief sought.

Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. The exclusive venue for any judicial proceeding arising from this Agreement or your use of the Service (not covered by arbitration) will be Travis County, Texas.

Miscellaneous.This Agreement (including any referenced documents) constitutes the entire agreement between you and Optimize concerning the Service, and supersedes all prior or contemporaneous agreements. If any provision is held invalid, the remaining provisions will remain in effect. Neither party’s failure to enforce any right or provision will not be deemed a waiver of such right. Optimize may transfer or assign this Agreement without notice.

Contacting Us. If you have any questions or concerns about this Agreement, please contact us by email at support@optimize-hp.com or by phone at (918) 710-0580. We will attempt to respond to your questions or concerns promptly.