TERMS AND CONDITIONS
By agreeing, you acknowledge that our Terms are important and that you will follow them. By clicking "Submit", "I Agree", checking a box, or using any other acceptance method provided on the Service (as defined below), you confirm that you have read, understood, and agreed to these Terms and Conditions. If you do not agree, please do not create an account or use the Service. If someone accepts these Terms and Conditions on your behalf (for example, by clicking "I Agree"), you allow them to do so as your agent. Dispute Resolution: Unless you choose to opt out as explained in these Terms and Conditions, you and LSK Clinical Research Consultants agree that most disputes will be resolved through binding arbitration rather than by going to court. This means you give up the right to a jury trial or to join a class action lawsuit, except in limited situations described below. Details about exceptions and how to opt out of arbitration are provided below.
If you have a medical emergency, please call 911 or seek emergency care in person right away. The Service is not meant to manage every medical condition or concern. Please note that these Terms and Conditions are subject to change over time, as described below.
LSK Clinical Research Consultants, Corp. owns and operates the website located at www.MyHealth180Plus.com and may own and/or operate a mobile application now or in the future. 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 LSK Clinical Research Consultants, and any affiliated website, software or application owned or operated by LSK Clinical Research Consultants (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
Please read this Agreement carefully. It contains essential information about the Service. In this Agreement, "you" means the person using the Service. The Service is intended for individuals 18 years of age or older. If you are under 18, you may not use the Service or agree to these Terms. If you are a parent or legal guardian and believe a minor has used the Service, please contact us.
Acceptance of Terms and Conditions
Your use of the Service constitutes your acceptance of this Agreement and all applicable laws. If you do not accept all the terms, please do not use the Service (except to review these Terms). The Service may change over time, and we reserve the right to update or remove parts of this Agreement or the Service at any time without prior notice. Changes take effect when posted. These Terms also apply to any new content added to the Service. If you disagree with these Terms, please stop using the Service. By continuing to use the Service after these changes are posted, you agree to the updated Terms.
Your Relationship with Us
We make available to individuals who register as patients (“Patients”) specific products and services sold or offered by LSK Clinical Research Consultants or by third-party medical providers, pharmacies, or other vendors via our Service. Our Service provides access to prescription fulfillment services offered by the following pharmacies: Shield Pharmacy, MFV Compounding Pharmacy, and Hallandale Pharmacy. To ensure continuity of care and to help avoid treatment gaps, your prescription(s) may be automatically filled by and transferred between any of these Pharmacies. You agree that the Service may do so on your behalf, understanding that this process is designed to keep your treatment uninterrupted and in line with your healthcare needs.
By accepting this Agreement, you acknowledge and agree that LSK Clinical Research Consultants is a healthcare provider and that by using the Service, you are entering into a healthcare provider-patient relationship with LSK Clinical Research Consultants.
While you are establishing a health care provider-patient relationship with LSK Clinical Research Consultants, by using the Service, you are also establishing a direct customer relationship with LSK Clinical Research Consultants to use the Service. In connection with such relationships, you may provide to us or cause to be provided to us on your behalf, personal information, including health information, which is subject to use by us in accordance with our Privacy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information.
Notice Regarding Your Financial Responsibility for Services
LSK Clinical Research Consultants is not enrolled with, and is not participating provider with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care service or supplies and, as such, neither you nor LSK Clinical Research Consultants may receive payment from such programs for the services or products provided to you by LSK Clinical Research Consultants. By choosing to use the Service, you specifically agree to obtain products and services on a cash basis, outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.
By using the Service, you agree that (1) you are choosing to pay for products and services out-of-pocket, not through any federal or state healthcare program, and you are fully responsible for these costs; and (2) neither you nor LSK Clinical Research Consultants nor the Pharmacies will submit a reimbursement claim to any federal or state healthcare program for these services or products.
Subscription Products and Services
Certain products and services available for purchase through the Service require that you purchase the product and/or service on an automatically renewed subscription basis. For subscription-based products and services, your payment method will be automatically charged at regular intervals, as described for that product or service, during the checkout process, until you cancel your subscription. Your first renewal may be charged early to prevent any discontinuity in treatment. Your subsequent shipments may be charged and shipped up to two (2) days early to accommodate holidays or for other operational reasons, supporting the continuity of treatment. To clarify the subscription cadence, here is a simple timeline: Order placed → First renewal (may be charged early) → Subsequent cycles (may occur up to 2 days early). We may, but are not required to, perform outreach to you from time to time via the Service to request updates to your information and to facilitate ongoing subscriptions. You can cancel a subscription at any time by contacting us directly to request cancellation, or through your online account. Cancellation will take effect at the end of the current subscription period. Your subscription will automatically renew for another subscription period unless you cancel at least two (2) days before the applicable renewal processing date of your subscription. We do not offer refunds for partially used subscription periods; however, we may provide refunds on a case-by-case basis at our sole discretion. We reserve the right to change our subscription plans and prices from time to time. However, we will provide you with advance notice of any price changes or changes to your subscription plans.
Limited Use and Availability
Our Service is currently only available to individuals who meet the following criteria:
- You are located in a state where we offer the Service.
- You are at least eighteen (18) years of age or older, or you have reached the age of majority in your jurisdiction of residence, if it is higher than eighteen (18).
- You have accepted this Agreement.
By visiting, accessing, registering with, or using the Service, you are representing and warranting to us that you agree to comply with all applicable laws in visiting, accessing, registering with us, and that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Consent for the Use of Telehealth Services
Telehealth involves the delivery of health and mental health care services using electronic communications, information technology, or other means between a healthcare provider and a patient who is not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with its use. Telehealth services are not a substitute for in-person care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you via the Service.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate, and complete information in any form or other communications you submit to or through the Service. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Service, at any time without prior notice.
Privacy Policy
LSK Clinical Research Consultants understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use, and disclose your personal information.
Protected Health Information
When you set up an account with LSK Clinical Research Consultants, you create a direct customer relationship with LSK Clinical Research Consultants that enables you to access and/or utilize the various functions of the Service as a Patient. As part of that relationship, you provide information to LSK Clinical Research Consultants, including but not limited to your name, email address, shipping address, and phone number, that we may collect, use, and disclose in accordance with our Privacy Policy, and that we do not consider to be "health" or "medical" information.
In using specific components of the Service, you may also provide certain medical information that may be protected under applicable laws. LSK Clinical Research Consultants is a "covered entity" under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, "HIPAA"). HIPAA applies to your transactions or communications with LSK Clinical Research Consultants. In addition, any medical or health information that you provide that is subject to specific protection under applicable state laws (collectively, with PHI, "Protected Information") will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws 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.
To clarify the distinction between different types of information we manage, please refer to the comparison below:
- Protected Information: This includes medical or health-related data that is protected by HIPAA or applicable state laws.
- Non-Protected Information: This encompasses personal data such as your name, email address, and shipping details, which are not considered medical information under HIPAA. These are handled in accordance with our Privacy Policy.
Registration, Patient Accounts, Passwords, and Security
You are required to register and set up an account on the Platform to access the Service. The Service is available only to patients who have registered and been granted accounts with usernames and passwords. For purposes of clarity, information you provide to LSK Clinical Research Consultants in order to register and set up an account on the Platform, including name, email address, shipping address, and phone number, is not considered Protected Information for purposes of the Protected Health Information section above. You agree to accurately maintain and update any information about yourself that you have provided to LSK Clinical Research Consultants. If you do not keep such information current, or fail to submit truthful, accurate, and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify LSK Clinical Research Consultants of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Service by contacting LSK Clinical Research Consultants. In addition, you agree to keep your username and password confidential and to log out of your patient account at the end of each session. LSK Clinical Research Consultants explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and password that will serve as your login credentials for the account. To help protect the privacy of data transmitted through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information you input before it is sent to us, utilizing Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the patient’s data we collect against unauthorized access. However, please note that the Service and our services are run on software, hardware, and networks, any of which may, from time to time, require maintenance or experience problems or security breaches beyond our control. Additionally, individuals with access to your computer, phone, or other mobile devices may be able to access the Service and view information about you, including medical details, contained within the Service. It is your responsibility to affirmatively log out of your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices, and to protect the confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. LSK Clinical Research Consultants may investigate any alleged or suspected violations. If a criminal violation is suspected, LSK Clinical Research Consultants may cooperate with law enforcement agencies in their investigations.
Use and Ownership of the Service
Copyright laws protect the Service and the information and Content available through the Service worldwide. Subject to this Agreement, LSK Clinical Research Consultants grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by LSK Clinical Research Consultants in a separate license, your right to use any of the Service or the Content is subject to this Agreement, and LSK Clinical Research Consultants reserves all rights in the Service and Content. You agree that LSK Clinical Research Consultants and its suppliers own all rights, title, and interest in the Service (including but not limited to any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. LSK Clinical Research Consultants’ stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are the trademarks of LSK Clinical Research Consultants and may not be used without permission, including in connection with any third-party products or services.
Prohibited Use
You are prohibited from using or attempting to use the Service: (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) in any manner that could interfere with any other party’s use and enjoyment of the Service; (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data, or information not intended by LSK Clinical Research Consultants to be made accessible to a patient; (vi) to obtain any materials, or information through any means not intentionally made available by LSK Clinical Research Consultants; (vii) to reverse engineer, disassemble or decompile any section or technology on the Service; or (viii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any LSK Clinical Research Consultants representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other patients (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
LSK Clinical Research Consultants reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a patient’s access and/or account. LSK Clinical Research Consultants may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, LSK Clinical Research Consultants reserves the right, at all times, to disclose any information as LSK Clinical Research Consultants deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LSK Clinical Research Consultants’ sole discretion.
Right to Monitor
LSK Clinical Research Consultants reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in LSK Clinical Research Consultants’ sole discretion, may be illegal, may subject LSK Clinical Research Consultants to liability, may violate this Agreement, or are, in the sole discretion of LSK Clinical Research Consultants, inconsistent with LSK Clinical Research Consultants’ purpose for the Service.
Third-Party Goods and Services
Parties other than LSK Clinical Research Consultants, including Payment Services, Pharmacies, Affiliate Marketing Services and Telehealth Services, provide services or sell products through the Service (collectively, “Third Parties”), and LSK Clinical Research Consultants may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or interactions, are solely between you and such Third Parties. You should make whatever investigation you feel is necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense, and judgment in using the Service and disclosing personal information.
You agree that LSK Clinical Research Consultants shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other patient or any other entity or individual, you understand and agree that LSK Clinical Research Consultants is under no obligation to become involved in such dispute, and you hereby release and indemnify LSK Clinical Research Consultants and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “LSK Clinical Research Consultants Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.
Terms of Sale
In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of the Taxes we collect at checkout, except where we have clearly stated in writing that the price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, including variations between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only payment methods accepted by us may be used to complete a purchase through the Payment Service third-party. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your selected payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If we receive updated information from you and our third-party payment service providers, you agree that we may update your account information accordingly and use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping, and handling charges). Your payment card issuer may provide you with the option to opt out of sharing your updated card information with vendors and third-party payment service providers. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by an alternative method, such as a mailed statement.
If any of the products in your order are unavailable, we will only charge the prices, Taxes, and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number, and/or your email address. By submitting such information, you grant LSK Clinical Research Consultants, without charge, the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information (and any updated information we receive) to third parties for the purpose of facilitating the transaction.
All credit card, debit card, and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Payment Service's third-party provider. This online payment processing application(s) is provided by LSK Clinical Research Consultants’ third-party vendor. Additional information about LSK Clinical Research Consultants Payment Vendors, their respective privacy policies, and their information security measures (collectively, the “Payment Vendor Policies”) should be available on their websites. Reference is made to the Payment Vendor Policies for informational purposes only, and they are in no way incorporated into or made a part of this Agreement. LSK Clinical Research Consultants’ relationship with Payment Vendors, if any, is merely contractual in nature, as Payment Vendors are nothing more than third-party vendors to LSK Clinical Research Consultants and are in no way subject to LSK Clinical Research Consultants’ direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, or the like.
Any delivery dates or times shown during the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy patient issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and problems based on the facts and circumstances of each patient.
Termination
LSK Clinical Research Consultants may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if any or all of the agreements between LSK Clinical Research Consultants and third parties terminate, or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, patient submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity, and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with LSK Clinical Research Consultants. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all LSK Clinical Research Consultants Parties harmless from any and all liability that any such LSK Clinical Research Consultants Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers supplied to us about or relating to you, or any other information that we may have that relates to you.
Disclaimers
We understand that legal terms can sometimes be overwhelming, and it is essential to us that you feel informed and at ease. The Service is provided on an “as is” or “as available” basis. Any access to or use of the Service is voluntary and at the sole risk of the patient. LSK Clinical Research Consultants and each third party offering products or services through the Service, to the fullest extent permitted by law, disclaims all warranties and conditions of any kind, either express or implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, non-infringement of third parties’ rights, satisfactory quality and fitness for particular purpose with regard to the Service, and with respect to any information, content, product, service, merchandise or other material provided on or through the Service or the Platform. LSK Clinical Research Consultants does not warrant or guarantee the accuracy, completeness, reliability, timeliness, or usefulness of the Service. LSK Clinical Research Consultants does not warrant that the Service will function without delays, disruptions, interferences, imperfections, corruption, cyber-attacks, viruses, malware, or any adverse incident.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall LSK Clinical Research Consultants be liable to you or any other person or entity for any incidental, indirect, special, exemplary and consequential damages, personal or bodily injury, emotional distress, or wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use the service, including any information and content made available through the service or any services performed or products offered by third parties, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not LSK Clinical Research Consultants has been advised of the possibility of such damages.
Any claims arising in connection with your use of the service or content must be brought within one (1) year of the date of the event giving rise to such action.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that we may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.
Indemnification
You agree to defend, indemnify, and hold LSK Clinical Research Consultants and any Third Parties offering products or services through the Service, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Notices
Any notices to you from LSK Clinical Research Consultants regarding the Service or this Agreement may be made by email, or a posted notice on the Service, in the sole discretion of LSK Clinical Research Consultants.
Electronic Communications
When you access or use the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or through the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
Copyright
It is LSK Clinical Research Consultants’ policy to terminate use of the Service by any Patient who repeatedly infringes copyright upon prompt notification to LSK Clinical Research Consultants by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Entire Agreement
This Agreement and any other agreements LSK Clinical Research Consultants may post on the Service or that you and LSK Clinical Research Consultants may execute from to time constitute the entire agreement between LSK Clinical Research Consultants and you in connection with your use of the Service and supersede any prior agreements between LSK Clinical Research Consultants and you regarding use of the Service, including prior versions of this Agreement.
Binding Arbitration / Class Waiver
You and we expressly agree that any legal claim, dispute or other controversy between you and us or any of the LSK Clinical Research Consultants parties, arising out of or otherwise relating in any way to the LSK Clinical Research Consultants parties, the platform, the content or the service, or any other goods, services or advertising by LSK Clinical Research Consultants or any of the LSK Clinical Research Consultants parties, including controversies relating to the applicability, enforceability or validity of any provision of this agreement (collectively, “Disputes”), that is not resolved by an informal dispute resolution conference (as defined and described below), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from National Arbitration & Mediation (“NAM”), rather than in a court, as described herein. The arbitration will be governed by NAM’s comprehensive dispute resolution rules and procedures and, where applicable, by the NAM supplemental rules for mass arbitration filings (together, the “Rules and Procedures”). You and the LSK Clinical Research Consultants’ parties acknowledge that we are voluntarily and knowingly forfeiting your and our right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court, except as expressly provided herein. For purposes of this arbitration agreement, “dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the terms and conditions, as well as claims that may arise after the termination of these terms and conditions.
In the event a Dispute arises between us, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost, and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If counsel represents you, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless the parties mutually agree upon an extension. Please notify us by email or regular mail that you intend to initiate an Informal Dispute Resolution Conference. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address, and e‐mail address of your counsel, if any; and (3) a description of your Dispute. To be valid, you must personally sign the Notice. If you have counsel (either a law firm or group of law firms or organizations) who additionally represents any other patients who either have already provided a Notice to LSK Clinical Research Consultants within the last ninety (90) days or intend to provide a Notice within the next ninety (90) days for a Dispute of a substantially similar nature, you or your counsel must include with your Notice a list of all such individuals your counsel represents. We will provide notice to the email address associated with your LSK Clinical Research Consultants account. It is your responsibility to ensure that your email and mailing address on file are correct and remain up to date.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple patients in similar Disputes, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process.
If you and we are unable to resolve a Dispute within thirty (30) days after the applicable Informal Dispute Resolution Conference, either party may commence arbitration. Arbitration is more informal than a lawsuit in court. Arbitration employs a neutral arbitrator instead of a judge or jury, and the court's review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Before you commence an arbitration under this Arbitration Agreement, you must provide us with a written request for arbitration (the “Request”) that includes: (1) your name; (2) residence address; (3) username (if applicable) and email address associated with your Patient account (if applicable); (4) a detailed description of the Dispute, including the relief you seek; and (5) a statement certifying completion of the Informal Dispute Resolution Conference, as described above. Before we commence arbitration of a Dispute against you, we will provide a written Request to you with a detailed description of the Dispute and the relief we seek, as well as certification of completion of the Informal Dispute Resolution Conference.
Payment of all filing, administration, and arbitrator fees will be governed by the applicable NAM fee schedules (the “Fee Schedules”) in place at the time the arbitration demand is filed. To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that the party who commenced arbitration did not bring its claim(s) consistent with the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party who filed the arbitration demand reimburse the responding party for all arbitration fees and costs it incurred under the Fee Schedules. Specifically, the arbitrator shall order such sanctions if the arbitrator finds: (1) the claim(s) were presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claim(s), defense(s), and/or other legal contentions were not warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual and damages contentions did not have evidentiary support and were not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and costs.
The arbitration will be conducted in either Sunrise, Florida, or the county where you reside, unless (a) the parties agree otherwise in writing or (b) the batch arbitration provision below is triggered (in which case, the batches will proceed in locations to be determined by the arbitrator). The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. These Terms and Conditions evidence a transaction involving interstate commerce, and notwithstanding any other provision herein with respect to the applicable substantive law, the parties expressly intend that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration (as defined below), and any arbitration.
Any arbitration proceedings initiated under this Arbitration Agreement will be administered in accordance with the NAM Rules and Procedures, as defined above. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of this Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion thereof, except to the extent the applicable law precludes enforcement of this Arbitration Agreement as to any particular claim or request for relief, as further described below, in which case the validity and enforceability of this Arbitration Agreement as to that claim or request for relief shall be decided by a court of competent jurisdiction in Sunrise, Florida.
For more information on NAM, its Rules and Procedures, and how to file an arbitration claim, you may call NAM at 800-358-2550 or visit the NAM website at https://www.namadr.com.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; then you and the applicable LSK Clinical Research Consultants Party agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Sunrise, Florida, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either you or we may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
You and we hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise herein. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
You and we agree that, except as specified herein, all disputes subject to arbitration under this agreement must be arbitrated on an individual basis and not on a class, collective, or representative basis. No party may bring any claim subject to arbitration pursuant to this agreement as a private attorney general, in a representative capacity, or as a plaintiff or class member in any purported class proceeding. No arbitration or claims shall be consolidated or joined with any other arbitration or claims except as explicitly specified herein. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). If a final decision, not subject to any further appeal or recourse, determines that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Sunrise, Florida, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Sunrise, Florida, for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph. This subsection does not prevent you or us from participating in a class-wide settlement of claims.
To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of one hundred (100) arbitrations per batch (or, if between twenty-five (25) and ninety-nine (99) individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are fewer than one hundred (100) arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations); (2) appoint one arbitrator for each batch, whom NAM will appoint without soliciting input or feedback from any party; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.
All parties agree that arbitrations are of a “substantially similar nature” if they arise out of or relate to the same event(s), act(s), omission(s), practice(s), or factual scenario(s) and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite the resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by us.
You and we agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include, but are not limited to: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process. If this Batch Arbitration provision is found under the law to be invalid or unenforceable, then, in that case only, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Sunrise, Florida.
If you do not wish to be bound by this Arbitration Agreement, you can opt out of this Arbitration Agreement within thirty (30) days after first becoming subject to this Arbitration Agreement. To opt out, you must send: (1) your name; (2) residence address; (3) email address; and (4) a clear statement that you want to opt out of the Arbitration Agreement to LSK Clinical Research Consultants, Corp. via email. You must sign the Opt-Out Notice for it to be effective. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third-party purporting to act on your behalf will have no effect on your or our rights. Opting out of this Arbitration Agreement has no effect on any previous or other arbitration agreements that you currently have, or may enter into in the future, with us or any other LSK Clinical Research Consultants Parties. If you opt out of this Arbitration Agreement, all other parts of these Terms and Conditions will continue to apply to you.
Important Opt-Out Reminder: You have the autonomy to opt out of the Arbitration Agreement. To take this action, remember the 30-day deadline that applies after you first become subject to it. This timely decision respects your right to make a free choice and maintain transparency. For a successful opt-out, ensure you meet all the requirements listed above.
Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Request to the other in accordance with this Arbitration Agreement. Continued use of the Service following the effective date of such material change will constitute acceptance of those changes. Modifications to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and Conditions containing an Arbitration Agreement and did not validly opt out of arbitration. If you are bound by an existing agreement to arbitrate Disputes and you reject any change or update to this Arbitration Agreement, the provisions of this Arbitration Agreement as of the date you first accepted the Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions) remain in full force and effect. We will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of these Terms and Conditions.
Governing Law; Venue; Severability of Provisions
This Service is controlled and operated by LSK Clinical Research Consultants from our offices in Florida. Those who choose to access the Service from locations other than their own do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are prohibited or illegal is not permitted.
The validity, interpretation, construction, and performance of this Agreement will be governed by the laws of the State of Florida, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any Content, materials, or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and LSK Clinical Research Consultants or the third parties. You may not enter into any contract on our behalf or bind us in any way.
Assignment
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. LSK Clinical Research Consultants may, in its 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 affiliate of LSK Clinical Research Consultants or to a third party in the event that some or all of the business of LSK Clinical Research Consultants is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Any use of third-party software provided in connection with the Service, or any Third-Party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third party’s license or terms of use, if any, and if there are no such license or terms of use, by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement, if any.
Except for the foregoing or as otherwise explicitly set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of LSK Clinical Research Consultants, the Medical Groups, the Pharmacies, the Labs, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as explicitly set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
Contacting Us
If you have any questions or concerns regarding this Agreement, please do not hesitate to contact us. We will respond to your questions or concerns promptly after receiving them.
©2025 LSK Clinical Research Consultants, Corp. All rights reserved.
Version 1.0
Date 06 Sep 2025