Terms and Conditions for
Medical Cannabis Consultation
PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING OR USING Li Physiatry, P.C.’S (“Li Physiatry, P.C.” OR THE “COMPANY” OR “Just My Doc”) SITES OR SERVICES. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES. UNLESS SPECIFIED BELOW IN SECTION XIX OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION XIX BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AT ANY TIME ON THIS PAGE (HTTPS://WWW.JUSTMYDOC.COM/TERMS-AND-CONDITIONS/). WE RESERVE THE RIGHT TO UPDATE, CHANGE, OR REPLACE ANY PART OF THESE TERMS BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES.
YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
INTRODUCTION TO Li Physiatry, P.C.
Li Physiatry, P.C. is not a medical marijuana collective or cooperative. We are a practice that offers to evaluate and certify medical cannabis patients in compliance with all applicable laws and regulations. It is the sole responsibility of the patient, cooperative, or dispensary to be in compliance with applicable state laws and regulations.
In order to qualify to use Li Physiatry, P.C.’s Services, you must:
Be 18 years of age or older or have a present and qualified caregiver over the age of 21;
Be located in a state where medical cannabis is legal; and
Agree to be legally bound by and comply with this Agreement
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Li Physiatry, P.C.. In addition to the above requirements, Li Physiatry, P.C. and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. By using Li Physiatry, P.C.’s Service, you expressly represent and warrant that you are at least 18 years old (or have a qualified caregiver over the age of 21 authorized to act as a healthcare representative) , have capacity to enter into this agreement, are located in a jurisdiction where medical cannabis is legal, agree to the terms of this Agreement, and that you will comply with this agreement in all respects.
II. REQUIREMENTS FOR USE
You may only access Li Physiatry, P.C.’s Services using authorized means. You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website or mobile applications. Fees and charges may apply to your use of the mobile services and to the Internet. Li Physiatry, P.C. reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device.
IV. YOUR RELATIONSHIP WITH Li Physiatry, P.C.
Li Physiatry, P.C. is not responsible for any fraud, falsifying, or misrepresentation that has been made from people falsely claiming to work with Li Physiatry, P.C.. If you do get in contact with such person(s) you are required to contact us to verify they are an official representative of Li Physiatry, P.C..
By accepting the Terms, you agree and consent to Li Physiatry, P.C., Li Physiatry, P.C. affiliates, or licensed health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Li Physiatry, P.C. 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.
V. CONSULTATIVE SERVICE
In some cases, a licensed healthcare provider or affiliated health care provider may use the Services to provide advice or treatment to you. A licensed health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Li Physiatry, P.C. strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Li Physiatry, P.C. may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.
I hereby acknowledge Li, Physiatry, P.C. (DBA: Just My Doc) and its employees are not addressing specific aspects of my medical care during my cannabis certification consultations nor are any of them my long-term primary care provider OR mental health professional. Furthermore, I, for myself, my heirs, assigns, or anyone acting on my behalf, hold Li, Physiatry, P.C. (DBA: Just My Doc), and its principals, agents, and employees free of and harmless from any responsibility for any harm resulting to me and/or other individuals because of my evaluation, diagnosis, or consultation thereof. I agree that Li, Physiatry, P.C. (DBA: Just My Doc) and employees shall not be held responsible for any harm resulting to me and/or any other individual(s) because of me being diagnosed for a Medical Marijuana qualifying condition.
VI. PERSONALIZED COUNSELING AND DISCLOSURES FOR CONSENT
In some cases, a qualified cannabis consultant may use the Services to provide you general information about the cannabis plant. By electing to have a personalized consultation, you understand and agree that that the information provided by the cannabis consultant is for informational purposes only, is not medical advice, and is not intended to diagnose or treat any medical condition.
RECORDS POLICY: I understand, I may submit prior medical records from my physician to qualify for a medical marijuana card. Alternately, I can obtain a qualifying diagnosis from the diagnosis services offered by Just My Doc. I understand these are optional services and separate from my Medical Marijuana Certification. A full payment is due before the session with the provider for diagnostic services. I understand any outcome from Just My Doc diagnosis and therapy visits do not entitle me for a refund of any other services with Just My Doc.
By agreeing to these terms and conditions you are acknowledging that you have read and under stand the following disclosures:
I understand that possession or use of Medical Marijuana from the PA Medical Marijuana Program is unlawful under Federal law and outside of the state of Pennsylvania. I also understand that possession or use of Medical Marijuana is unlawful within the state of Pennsylvania if not recommended for medical purposes by a licensed medical doctor with the legal ability to do so. Certain forms of Medical Marijuana may have intoxicating effects and has not been analyzed or approved by the United States Food and Drug Administration and was produced without FDA oversight for health, safety, or efficacy. Medical Marijuana may contain unknown quantities of active ingredients, impurities, or contaminants. The efficacy and potency of Medical Marijuana may vary widely depending on the strain and ingestion method. If Medical Marijuana is vaporized: Such use may be hazardous to your health. Medical Marijuana contains carcinogens and can lead to an increased risk for cancer, tachycardia, hypertension, heart attack, birth defects, brain damage, and lung disease. Some users develop a tolerance to Medical Marijuana. This means higher and higher doses are required to achieve the same symptom relief. There is limited information on the side effects of using Medical Marijuana, and there may be associated health risks. If Medical Marijuana is eaten or swallowed: This product has been infused with cannabis or active compounds of cannabis. When eaten, or swallowed, the intoxicating effects of this drug may be delayed by two or three hours or more. Symptoms of Medical Marijuana overdose include but are not limited to nausea, vomiting and disturbances to heart rhythm. For some patients, chronic Medical Marijuana usage can lead to laryngitis, bronchitis, and general apathy. I understand side effects of Medical Marijuana can include but are not limited to: Memory loss, Irregular heartbeat, Slower reaction time/inability to concentrate, Poor physical condition, Cough/bronchitis/shortness of breath, Dizziness, Impaired vision, Drowsiness/fatigue/abnormal sleep, Depression, Laryngitis, Low blood pressure, Impairment of motor skills, Anxiety/Nervousness, Dry mouth, Suppression of immune system, Hunger/Loss of appetite, Dependency, Confusion, Feelings of euphoria, Headache/nausea/vomiting, Numbness, Agitation, Paranoia/psychotic symptoms, Sedation The scientific basis for the medical use of Medical Marijuana is not complete. There is little known regarding how Medical Marijuana may, or may not, react with other pharmaceutical or herbal medications. Some patients can become dependent on Medical Marijuana. This means they experience withdrawal symptoms when they stop using Medical Marijuana. Signs of withdrawal symptoms can include feelings of depression, sadness or irritability, restlessness or mild agitation, insomnia, sleep disturbance, unusual tiredness, trouble concentrating, and loss of appetite. The possibility exists that Medical Marijuana may exacerbate schizophrenia in persons predisposed to that disorder. Women should not consume Medical Marijuana while planning to become pregnant, during pregnancy, or while breast feeding, except on the advice of the certifying health practitioner, and in the case of breast feeding mothers, on the advice or the infant’s pediatrician. Using Medical Marijuana while under the influence of alcohol is not recommended. The use of Medical Marijuana may affect coordination, cognition, and judgment. While under the influence of Medical Marijuana, do not to drive, operate machinery, or engage in potentially hazardous activities. Please note that Medical Marijuana will degrade over time. Always keep out of reach of children and pets.
VII. COMPLIANCE WITH ALL APPLICABLE MEDICAL CANNABIS LAWS
By signing up for Li Physiatry, P.C. and/or using any of Li Physiatry, P.C.’s Services, you expressly acknowledge that Li Physiatry, P.C. is solely for qualified patients residing in states who have adopted legislation providing medical use of marijuana. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient. You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ medical marijuana laws. You further acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and/or prosecution by federal officials. You acknowledge and agree that Li Physiatry, P.C. nor any qualified cannabis consultants involved in certifying your for medical cannabis through www.justmydoc.com neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution. Li Physiatry, P.C. has its principal place of business in Philadelphia, PA. However, Li Physiatry, P.C. may is accessible to all states. Regardless of the state in which you live, you must abide by and follow the laws of the state in which you are a resident.
VIII. Li Physiatry, P.C.’S SERVICES ARE EXCLUSIVELY FOR PERSONAL USE AND IN COMPLIANCE WITH APPLICABLE LAWS
Your use of Li Physiatry, P.C.’s Services is for your sole, personal use. You agree that you may not and shall not authorize others to use your user status, that you may not and shall not assign or otherwise transfer your user account to any other person or entity, and that you may not and shall not share with or distribute to any third party any medical cannabis except to the extent you are the primary caregiver for a qualified patient, where applicable law provides for the same. You further agree that you will at all times act in full compliance with the laws of your state concerning medical (or recreational) use of cannabis collectives and/or cooperatives, and all applicable marijuana laws.
IX. ACCESS RIGHTS AND PROHIBITED USE
You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
You understand that my Marijuana Card consultation fee will cost $150 for an initial certification or $75 for a re-certification prior to the application of any promotional deals. You understand that you must make a payment before I receive services from Just My Doc. You understand a forced payment cancellation and/or credit card "chargeback" from me after ANY service is rendered by a provider with Just My Doc will be considered admission that you no longer need medical marijuana card, and Just My Doc will immediately notify the State. This may result in an immediate deactivation of my marijuana card and/or other applicable penalties imposed by the State.
XI. SUBMITTED MATERIALS AND USER-GENERATED CONTENT
XII. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“Social Media Presence”).
XIII. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed as specified below:
Notification of Claimed Infringement:
Li Physiatry, P.C.,
1626 Locust St
You may contact us for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
XIV. THIRD-PARTY WEBSITES AND CONTENT
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
XV. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND SERVICES ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Li Physiatry, P.C., ITS AFFILIATED PROFESSIONAL ENTITIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “Li Physiatry, P.C. PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE AND PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND PRODUCTS.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY PRODUCT AT ANY TIME, WITHOUT NOTICE TO YOU.
XVI. LIMITATION OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL Li Physiatry, P.C., THE Li Physiatry, P.C. PARTIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH OR ANY SIMILAR INJURY OR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PROCURED ON OR THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCT OR SERVICE) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, Li Physiatry, P.C. IS FOUND LIABLE UNDER ANY THEORY, Li Physiatry, P.C.’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE TOTAL AMOUNT OF MONEY YOU PAID TO Li Physiatry, P.C. IN THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER Li Physiatry, P.C. WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Li Physiatry, P.C., its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way c connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
XVIII. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Li Physiatry, P.C. AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in the District of Columbia on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Li Physiatry, P.C. both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Li Physiatry, P.C. will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in the District of Columbia: (i) an action by Li Physiatry, P.C. relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Li Physiatry, P.C. for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the District of Columbia, and forever waive any challenge to said courts’ jurisdiction and venue.
c. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by us by e-mail to info@Li Physiatry, P.C..com. Li Physiatry, P.C. will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Li Physiatry, P.C. or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in District of Columbia to enforce these Terms or prevent an infringement of a third-party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
d. Commencing Arbitration
You and Li Physiatry, P.C. agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
e. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in the District of Columbia unless Li Physiatry, P.C. otherwise agrees to arbitrate in another forum requested by you.
f. Organization, Rules and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
h. Governing Law and Award
The arbitrator shall follow the substantive law of the District of Columbia without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Li Physiatry, P.C., bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Li Physiatry, P.C. and shall not be modified except in writing by Li Physiatry, P.C..
Li Physiatry, P.C. reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Li Physiatry, P.C. product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Li Physiatry, P.C. will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Li Physiatry, P.C. product, is affirmation of your consent to such material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT INFO@JUSTMYDOC.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
XVIV. FEE AND REFUND POLICY
Any fees that the Company may charge you for the Application or Service are due immediately. In the event that you miss your appointment and do not notify us within 24 hours, you will not be entitled to a refund. The Company is not obligated to refund you for any charges or fees you have paid no matter what the scenario. The Company reserves the right to refund you if deemed necessary or by provision of the cancellation or rescheduling policy. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you wish to learn more regarding how we charge for the Service of Application.
REFUND POLICY: Just My Doc offers a "risk-free" evaluation for a marijuana card visit. However, a refund will NOT be provided for any services offered if one or more conditions apply: 1. Patient received services from our provider or staff and a full payment is not made in full within the allotted 30 days. 2. Patient had a change of heart, cancels, unreachable via phone, and/or missed appointment after signing this consent form. 3. Misrepresenting yourself such as but not limited to your medical condition, age, employment, and residency status whether intentionally or unintentionally on the intake forms or during your consultation. 4. Patient does not submit required materials to Department of Health in the State-required time. 5. Patient pays for a consultation, speaks to our provider or staff but withdraws or otherwise does not agree to these terms and conditions.
XXII. NO AGENCY RELATIONSHIP
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
XXV. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Li Physiatry, P.C., and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or attendant policies shall not be construed against the drafting party.
I declare that by clicking the checkbox to agree upon booking my medical cannabis consultation that I have read, understood, and agree to the above terms and conditions and that the information I have provided and statements I have made are true, correct, and complete.