TERMS OF SERVICE

Introduction

These Terms of Service (the "Terms") govern your access to and use of Anchor MD LLC ("Anchor MD," "we," "us," and "our") websites, products, services and Platform. Your acceptance of, and compliance with, these Terms is a condition to your use of Anchor MD’s websites (our "Websites"); Anchor MD’s mobile application (our "Mobile Application"); and the services ("Services") made available through our Websites and Mobile Applications. The non-medical business support services and our Websites are collectively referred to as our "Platform."

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Anchor MD works with qualified health care providers (each, a "Provider") to help Providers deliver online telehealth clinical consultations, services, and/or treatments. The professional medical services provided through the use of our Platform are collectively referred to in these Terms as the "Services."

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You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with us and engage with healthcare professionals and professional entities affiliated with Anchor MD, and such processes have the same force and effect as your written signature. You agree and consent to Anchor MD and certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.

Binding Arbitration

These terms provide that all disputes between you and Anchor MD that in any way relate to these terms will be resolved by binding arbitration. Accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under these terms. Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review the dispute resolution; arbitration agreement section for the details regarding your agreement to arbitrate any disputes with Anchor MD.

1. SERVICES PROVIDED — NO MEDICAL CARE OR ADVICE

Anchor MD is not a medical group and does not provide medical, nutritional, dietary, behavioral or other advice, treatment, or care. Anchor MD provides administrative and management services to independent, physician-owned and operated, medical practices. Any telemedicine consults obtained through our Platform are provided by Providers. 

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Anchor MD does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Providers they employ. Services and practices may vary across Providers, and patients should contact the Providers directly for all questions concerning their medical care. 

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The Services and medical care provided by Providers are not intended to be a substitute for care and treatment provided by your local primary care provider. We strongly recommend all patients maintain a relationship with a local primary care provider for their ongoing medical care and treatment. 

2. NOT FOR EMERGENCIES

OUR PLATFORM AND THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform.

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IF YOU BELIEVE YOU ARE EXPERIENCING AN EMERGENCY, CALL 9-1-1 IMMEDIATELY.

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You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

3. RISK OF TELEHEALTH SERVICES

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of the privacy of your health information.

4. TERMS OF SALE

When you submit your information and request for Services, you agree to pay all fees due. 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. We cannot accept returns of prescription products for reuse or resale, and all sales are final. If you believe we have made an error please message us through the Platform or email us at care@takeanchor.com. 

Shipping: When you make a purchase of our products ("Products") on the Site (an "Order"), you may be required to pay applicable shipping and processing charges and fees ("Fees"). Note that shipment of certain Products 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. 

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Subscription and Free Trials: From time to time, we may also offer you free trials of our subscription Services. Unless you cancel your subscription at the end of your free trial, you will automatically become a paying user for the subscription Services. The payment method that you provided will automatically be charged the current subscription fee monthly, unless you cancel before the next billing cycle.  

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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. 

5. ADDITIONAL TERMS

Some of our Services have additional terms and conditions ("Additional Terms"). If Additional Terms apply to a Service, we will make them available for you to read through for your use of that Service. By using that Service, you agree to the Additional Terms. All such Additional Terms are hereby incorporated by this reference into these Terms.

6. PRIVACY PRACTICES

You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms.

7. PRESCRIPTION PRACTICES & ELIGIBILITY

Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

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If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.

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You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.

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In order to use the Services through the Platform, the following must be true:

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1. You are at least 18 years of age or older.

2. You live in the United States and in a state or territory where the Services are available.

3. You agree to be legally bound by and comply with these Terms of Use.

4. You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. In addition to the above requirements, Anchor MD and its affiliated professional entities and Providers reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. Further, affiliated professional entities and Providers delivering the Healthcare Services may, on a case-by-case basis, determine that certain criteria apply to utilizing the Platform for the Healthcare Services or that Healthcare Services are not appropriate in any instance for a particular user. You can obtain more information on the criteria for the Healthcare Services by contacting care@takeanchor.com.

8. SATISFACTION GUARANTEE

We have complete confidence in the quality of our Platform, and firmly believe that you will be more than delighted with Anchor MD. In fact, ensuring your happiness on your health journey is our utmost priority. But we also understand that sometimes things may not go as planned which is why we offer a Satisfaction Guarantee, as outlined in our AnchorMD Guarantee policy located on our Website.

9. NOT AN INSURANCE PRODUCT

We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums.

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As an Anchor MD customer, you understand that you may be enrolled in Medicare, Tricare or another insurance plan, which provides coverage for certain medical services. However, when purchasing Anchor MD prescription plans, you are choosing to opt out of using your Medicare, Tricare or other insurance plan benefits for all Services rendered by Anchor MD. This opt-out is valid during your entire course of care.

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You acknowledge 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.

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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.

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You understand that you can revoke this decision at any time and utilize your Medicare, Tricare or other insurance plan benefits for covered services provided elsewhere.

10. OWNERSHIP OF THE PLATFORM

The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection, and arrangement thereof, are owned by Anchor MD, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the "Content").

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These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.

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You must not: (x) modify copies of any materials from the Platform or received through the Services; (y) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (z) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.

11. AVAILABILITY OF SERVICES

Anchor MD operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from accessing the Platform, or enrolling in or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available. Services are not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.

12. ACCESS TO PLATFORM, SECURITY, AND RESTRICTIONS; PASSWORDS

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.

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Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

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Violations of system or network security may result in civil or criminal liability. Anchor MD will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.

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In the event access to the Platform or a portion thereof is limited requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Anchor MD at any time with or without cause.

13. LICENSE TO USE OUR MOBILE APPLICATION (applicable only to the extent that you download the App)

Anchor MD grants to you a non-transferable license to use the Mobile Application on your mobile device that you own or control. Anchor MD reserves all rights in and to the Mobile Application not expressly granted to you under these Terms. The terms of these Terms will govern any content, materials, or services accessible from or purchased within the Mobile Application as well as upgrades provided by Anchor MD that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Terms.

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The license to use our Mobile Application is restricted as follows:

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a. Limitations on Copying and Distribution. You may not copy or distribute the Mobile Application except to the extent that copying is necessary to use the Mobile Application for purposes set forth herein.

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b. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law.

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c. Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the Mobile Application on a smartphone or tablet not owned and controlled by you.

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d. Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Mobile Application or its documentation.

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e. Use in Accordance with Documentation. All use of the Mobile Application must be in accordance with its then current documentation, if any, provided with the Mobile Application or made available on Anchor MD's Platform.

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f. Confidentiality. You must hold the Mobile Application and any related documentation in strict confidence for your own use only.

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g. Compliance with Applicable Law. You are solely responsible for ensuring your use of the Mobile Application is in compliance with all applicable foreign, federal, state and local laws, rules, and regulations.

14. NO USERS UNDER 18 YEARS OLD WITHOUT PARENTAL CONSENT

In order to access the Platform, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, your parent or legal guardian must agree to these Terms on your behalf and you must get permission from your parent or legal guardian before using our Platform. If you are under the age of 18, do not use or provide any information on or to the Platform or through any of its features without the consent of your parent or legal guardian.

If we learn we have collected or received Personal Information from a child under the age of 18 without verification of parental consent, we will delete it. If you believe we have collected personal information from someone under the age of 18, please contact us using the Contact Information below.

15. YOUR ACCOUNT

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account ("Registration Information") and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

16. ACCURACY AND INTEGRITY OF INFORMATION

Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Anchor MD shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.

17. ONLINE PAYMENTS

You can pay for Services on the Platform. To simplify the user experience on the Platform, you are able to pay for your purchases via the Platform with Anchor MD serving as payment processing agent on your behalf. All payments for Services arranged through the Platform are processed by OpenLoop, Inc. (“OpenLoop“), the Providers’ designated payment-processing partner or an alternative payment processor chosen by the Provider. When you authorize a transaction, you instruct OpenLoop to charge your selected payment method for the amount shown on the itemized invoice, which includes the Provider’s fees and any applicable taxes or surcharges. Anchor MD neither collects nor stores your payment-card data and is not the merchant of record for these transactions. OpenLoop remits the Provider’s fees directly to the Provider in accordance with its agreement with that Provider, and Anchor MD assumes no responsibility for OpenLoop’s performance of payment-processing services.

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You represent and warrant that if you are making online payments that (a) any payment card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your payment card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant payment card and payment card information.

18. ORDER ACCEPTANCE; Typographical Errors and Incorrect Pricing

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. You will be charged when you confirm the purchase on our Platform. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

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In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or business partners, we shall have the right to refuse or cancel any purchase of a Service listed at the incorrect price. We shall have the right to refuse or cancel any such purchase whether or not the purchase has been confirmed and your payment card charged.

19. LINKS TO OTHER WEBSITES

We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-Anchor MD Website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Anchor MD Website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.

20. CONSENT TO RECEIVE CALLS, TEXT MESSAGES, AND AUDIO AND/OR VIDEO RECORDING

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Anchor MD is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") and the Telephone Consumer Protection Act ("TCPA"). You consent to receive text messages from us as set forth below. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us using the Contact Information below.

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By providing your mobile number, you are agreeing to be contacted by or on behalf of Anchor MD at the mobile number you have provided, including calls and text messages, including through the use of an automatic telephone dialing system, and/or an artificial or prerecorded voice, to receive informational, product or service related (e.g., progress tracking, reminders, etc.), and commercial messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.

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Anchor MD may record (audio and video) all or part of your interaction with us ("Recordings"). Such Recordings are used for quality assurance and training purposes, to better deliver to you the Services, and to help us improve the Platform. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms and as otherwise set forth in the Privacy Policy.

21. ELECTRONIC COMMUNICATIONS

When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Anchor MD and your Provider may contact you by telephone, mail, text (SMS), or e-mail to verify your information. Anchor MD and your Provider may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.

22. EXTERNAL SERVICES

The Platform may enable access to Anchor MD's and/or third-party services and websites, including social media websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Services, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Anchor MD or its agents.

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You will not use the External Services in any manner that is inconsistent with the terms of these Terms or that infringes the intellectual property rights of Anchor MD or any third-party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your Home Country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

23. NO THIRD-PARTY RIGHTS

Unless expressly stated in these Terms, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, Anchor MD, and their affiliates. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you, Anchor MD, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Anchor MD, and its affiliates.

24. DISPUTE RESOLUTION; ARBITRATION AGREEMENT

We will try to work in good faith to resolve any issue you have with the Platform, including Services purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

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These Terms of Use provide that all disputes that in any way relate to the Terms of Services, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING)

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You and Anchor MD agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Platform, including Services purchased through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Anchor MD are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Anchor MD.

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If you desire to assert a claim against Anchor MD, and you therefore elect to seek arbitration, you must first send to Anchor MD, by certified mail, a written notice of your claim ("Notice"). The Notice to Anchor MD should be addressed to:  

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30 N Gould St STR R Sheridan WY 82801, Attn: Legal Department.

If Anchor MD desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Anchor MD, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Anchor MD and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Anchor MD may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Anchor MD or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org.

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The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms can be found online at www.adr.org.

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The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement.  

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If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

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The costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims. For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Middle District of Florida, or a state court located in Orange County, Florida. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

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The laws of the State of Florida, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

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YOU AND ANCHOR MD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Anchor MD agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

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If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in Orange County, Florida. Both Anchor MD and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold Anchor MD and its affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney's fees of any kind whatsoever arising directly or indirectly out of or in connection with: (a) your alleged or actual use or misuse of the Platform, Services, or any information posted on the Platform; (b) your alleged or actual breach of the Terms, Privacy Policy, or any other applicable policy of Anchor MD; (c) the content or subject matter of any information you provide to Anchor MD or your Provider; or (d) any actual or alleged  negligent or wrongful acts or omissions by you in your use or actual or alleged misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

26. DISCLAIMER OF WARRANTIES

ANCHOR MD DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM OR ANY PARTICULAR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ANCHOR MD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

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YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. ANCHOR MD DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

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ANCHOR MD WILL HAVE NO LIABILITY FOR ERRORS, UNRELIABLE OPERATION, OR OTHER ISSUES RESULTING FROM USE OF THE MOBILE APPLICATION ON OR IN CONNECTION WITH ROOTED OR JAIL BROKEN DEVICES OR USE ON ANY SMARTPHONE OR TABLET THAT IS NOT IN CONFORMANCE WITH THE MANUFACTURER'S ORIGINAL SPECIFICATIONS, INCLUDING USE OF MODIFIED VERSIONS OF THE OPERATING SYSTEM (COLLECTIVELY, "MODIFIED DEVICES"). USE OF THE MOBILE APPLICATION ON MODIFIED DEVICES WILL BE AT YOUR SOLE AND EXCLUSIVE RISK AND LIABILITY.

27. LIMITATION OF LIABILITY REGARDING USE OF PLATFORM AND SERVICES

ANCHOR MD AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF ANCHOR MD TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $10,000 (TEN THOUSAND DOLLARS).

28. NO LIABILITY OF MOBILE APPLICATION STORES AND OTHER THIRD PARTIES

Your wireless carrier, the manufacturer and retailer of your smartphone or tablet, the developer of the operating system for your smartphone or tablet, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, "Third Parties") are not parties to these Terms and they do not own and are not responsible for the App. Anchor MD, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Mobile Application or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions.

YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED TEN THOUSAND DOLLARS ($10,00.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE MOBILE APPLICATION AND THESE TERMS. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS, CAPABLE OF DIRECTLY ENFORCING ITS TERMS.

29. FORCE MAJEURE

We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) other events beyond the reasonable control of Anchor MD. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Anchor MD shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

30. COPYRIGHT & TRADEMARK INFORMATION

Copyright ©2025 Anchor MD, and all trademarks, logos, and service marks ("Marks") displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

31. REVISIONS; GENERAL

Anchor MD reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice.  

In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.  

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These Terms constitute the entire agreement between Anchor MD and you pertaining to the subject matter hereof. In its sole discretion, Anchor MD may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms shall constitute your agreement to the revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

CONTACT US

If you have any questions, concerns, complaints or suggestions regarding our Terms or otherwise need to contact us, you may contact us at care@takeanchor.com or reach us at +1 (888) 629-2608.  

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