WEBSITE TERMS AND CONDITIONS

Welcome to the Cleveland PrimeCare website. These Website Terms and Conditions (“Terms”) govern your access to and use of www.clevelandprimecare.com, including its pages, articles, forms, scheduling links, educational materials, and other website features collectively referred to as the “Website.”

In these Terms, “Cleveland PrimeCare,” “we,” “us,” and “our” refer to Cleveland PrimeCare and its applicable owners, operators, employees, contractors, and healthcare providers.

By accessing or using the Website, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree with these Terms, please discontinue your use of the Website.

1. Purpose of the Website

The Website provides general information about Cleveland PrimeCare and the healthcare and wellness services available through our practice, which may include:

• Primary care;
• Direct Primary Care;
• Functional medicine and naturopathic wellness services;
• Spravato® treatment;
• Preventive and chronic care services;
• Telehealth or virtual services, when available;
• Laboratory-related services;
• Health education;
• Medical aesthetic and MedSpa services offered through an affiliated or separately operated website; and
• Other healthcare, wellness, or administrative services.

Information on the Website is provided for general informational and educational purposes. Service descriptions, availability, eligibility requirements, prices, provider participation, and program features may change without notice.

2. Not Medical Advice

The Website does not provide individualized medical advice, diagnosis, treatment, or a substitute for consultation with a qualified healthcare professional.

Do not rely on Website content to:

• Diagnose a medical or mental health condition;
• Determine whether a medication or treatment is appropriate for you;
• Start, stop, or change a medication;
• Delay seeking professional medical care;
• Interpret laboratory or imaging results without professional guidance; or
• Make emergency or urgent healthcare decisions.

Medical information can change as research, clinical standards, medications, and regulatory requirements evolve. Although we strive to provide useful and accurate information, we do not guarantee that every Website statement is complete, current, or appropriate for your individual circumstances.

Always consult an appropriately licensed healthcare professional regarding your symptoms, medical conditions, medications, supplements, and treatment options.

3. Medical and Mental Health Emergencies

The Website, its contact features, email addresses, appointment-request tools, and patient portals are not emergency services and should not be used for urgent medical or psychiatric concerns.

If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency department.

If you or another person is experiencing suicidal thoughts, a mental health crisis, or an immediate risk of self-harm or harm to others, call 911, go to the nearest emergency department, or call or text the 988 Suicide & Crisis Lifeline.

Do not wait for a response from Cleveland PrimeCare through the Website, email, voicemail, text message, or patient portal when immediate assistance is needed.

4. No Provider-Patient Relationship

Accessing the Website, reading Website content, completing an inquiry, requesting an appointment, or communicating with Cleveland PrimeCare electronically does not by itself establish a provider-patient relationship.

A provider-patient relationship is established only after Cleveland PrimeCare has accepted you as a patient and the appropriate registration, evaluation, consent, and clinical processes have been completed.

Submitting an appointment request does not guarantee:

• Acceptance as a patient;
• Eligibility for a particular service;
• A specific appointment time;
• Treatment by a particular provider;
• Approval for medication or treatment;
• Insurance authorization or coverage; or
• A particular clinical result.

Clinical care is governed by separate patient forms, informed-consent documents, financial policies, membership agreements, privacy notices, and other practice policies.

5. Eligibility and Clinical Decisions

Some services may be limited based on age, location, medical history, diagnosis, medication use, clinical appropriateness, insurance requirements, provider availability, or applicable law.

A healthcare provider may determine that a requested service, medication, test, procedure, or treatment is not appropriate for you. Cleveland PrimeCare reserves the right to decline, postpone, modify, or discontinue a service when clinically appropriate or legally required.

Website descriptions of medical conditions or treatments do not mean that every person with those symptoms or conditions is eligible for the described service.

6. Direct Primary Care

Cleveland PrimeCare’s Direct Primary Care program is a healthcare membership arrangement and is not health insurance or a substitute for health insurance.

Direct Primary Care members are encouraged to maintain appropriate insurance or other coverage for services that may not be included in their membership, such as:

• Emergency care;
• Hospital services;
• Specialist care;
• Prescription medications;
• Laboratory testing;
• Diagnostic imaging;
• Ambulance services;
• Surgery;
• Rehabilitation;
• Services performed by outside organizations; and
• Other excluded or non-covered services.

Specific membership benefits, exclusions, payment obligations, cancellation requirements, renewal provisions, and communication expectations are governed by the applicable Direct Primary Care Membership Agreement. If these Website Terms conflict with a signed membership agreement, the signed membership agreement controls regarding the membership.

Same-day or next-day scheduling, direct access, appointment length, and other membership features are subject to provider availability, office hours, clinical urgency, holidays, system availability, and other reasonable limitations.

7. Functional Medicine and Naturopathic Information

Website content discussing functional medicine, nutrition, lifestyle, supplements, herbs, laboratory patterns, root-cause approaches, or naturopathic principles is provided for general education.

Such information does not constitute an individualized recommendation to use any particular:

• Supplement;
• Herb;
• Dietary program;
• Laboratory test;
• Medical device;
• Medication;
• Exercise program; or
• Treatment protocol.

Functional medicine and naturopathic services do not replace emergency care, primary care, specialist care, or medically necessary diagnostic and treatment services.

The scope of services offered by each Cleveland PrimeCare provider depends on that provider’s education, credentials, professional role, and applicable laws and regulations. A provider will not necessarily offer every service or recommendation described on the Website.

Statements concerning nutritional products or supplements may not have been evaluated by the U.S. Food and Drug Administration. Supplements are not intended to diagnose, treat, cure, or prevent disease unless specifically authorized by law.

8. Spravato® and Prescription Treatment Information

Website information about Spravato® or other prescription treatments is general educational information and is not a determination that a medication is appropriate for you.

Eligibility for Spravato® or another prescription treatment requires an appropriate clinical evaluation and may depend on:

• Diagnosis;
• Prior treatment history;
• Contraindications;
• Current medications;
• Medical and psychiatric history;
• Insurance or authorization requirements;
• Manufacturer or regulatory program requirements; and
• A provider’s independent clinical judgment.

No medication is prescribed solely because a person completed a Website form, requested an appointment, or reviewed Website content.

Spravato® is a registered trademark of its respective owner. Cleveland PrimeCare’s use of a product or brand name does not imply ownership of that trademark.

9. Appointments and Scheduling

Appointment requests may be submitted through the Website, by telephone, through a patient portal, or through an outside scheduling platform.

An appointment is not confirmed until you receive confirmation from Cleveland PrimeCare or the applicable scheduling system.

You are responsible for providing accurate and current contact, demographic, insurance, and health information. You are also responsible for reviewing appointment instructions and arriving at the correct time and location.

Appointments may be rescheduled or canceled due to provider availability, emergencies, weather, technology issues, clinical circumstances, or other operational needs.

Cancellation, rescheduling, late-arrival, and no-show charges are governed by the financial or program policies provided to you during registration or scheduling.

10. Fees, Membership Charges, and Payment Information

Prices displayed on the Website are subject to change. Unless otherwise stated, Website prices may not include:

• Laboratory charges;
• Imaging;
• Prescription medications;
• Supplements;
• Medical devices;
• Specialist services;
• Hospital services;
• Outside facility charges;
• Shipping;
• Taxes, when applicable; or
• Services not specifically included in a program.

You are responsible for understanding the fees associated with a service before receiving it.

Payment information may be processed by third-party payment processors. Your use of an outside payment service is also governed by that provider’s terms and privacy practices.

Recurring membership payments, annual payments, refunds, cancellation rights, and early-termination provisions are governed by the applicable signed membership or program agreement.

11. Insurance, HSA, and FSA Information

The availability of insurance billing varies by service. Some Cleveland PrimeCare services, including certain functional medicine or membership services, may be cash-based and may not be submitted to insurance.

Statements on the Website regarding insurance, reimbursement, Health Savings Accounts, or Flexible Spending Accounts are general information and are not a guarantee of coverage, reimbursement, or tax eligibility.

You are responsible for confirming benefits and eligibility with your insurance carrier, plan administrator, HSA administrator, FSA administrator, tax adviser, or other appropriate professional.

Cleveland PrimeCare is not responsible for an insurer’s denial of coverage, refusal to reimburse, application of a deductible, or determination that a service is not medically necessary.

12. Electronic Communications

When you contact Cleveland PrimeCare electronically, you understand that ordinary email, text messaging, and some Website communications may not be fully secure.

Do not submit highly sensitive medical information through a general Website form, ordinary email, social-media message, or other channel that has not been designated for secure clinical communication.

Whenever possible, patients should use the approved patient portal or another communication method authorized by Cleveland PrimeCare for medical information.

Electronic communications may be delayed, interrupted, misdirected, accessed by someone with access to your device or account, or affected by technical problems. Cleveland PrimeCare does not guarantee immediate review or response.

You are responsible for:

• Protecting your usernames and passwords;
• Maintaining the security of your devices;
• Providing accurate contact information;
• Reviewing messages sent to you;
• Notifying us if your contact information changes; and
• Informing us if you believe your portal or account has been accessed without authorization.

13. Patient Portals and Third-Party Platforms

The Website may link to patient portals, scheduling systems, payment processors, video platforms, mapping services, social-media services, or other third-party platforms.

These third parties operate independently and may have their own:

• Terms of use;
• Privacy policies;
• Security practices;
• Accessibility features;
• Fees;
• Service limitations; and
• Data-retention practices.

Cleveland PrimeCare does not control and is not responsible for the availability, security, content, or performance of independently operated third-party platforms.

Your use of a third-party platform is subject to that platform’s terms in addition to any applicable Cleveland PrimeCare policies.

14. Privacy

Cleveland PrimeCare’s handling of protected health information is described in its Notice of Privacy Practices.

The collection and use of general Website information may also be addressed in a separate Website Privacy Policy.

These Website Terms do not replace the Notice of Privacy Practices, patient authorizations, consent forms, or any privacy rights provided by federal or state law.

You should review the applicable privacy documents before submitting personal information through the Website.

15. Information You Submit

You agree that information you provide through the Website will be truthful, accurate, current, and complete.

You may not submit information that:

• Impersonates another person;
• Violates another person’s privacy;
• Is fraudulent, threatening, harassing, or unlawful;
• Contains malicious software or harmful code;
• Infringes intellectual-property rights; or
• Is submitted for an unauthorized commercial purpose.

Unless submitted through an approved patient-care process, unsolicited information does not require Cleveland PrimeCare to provide treatment, advice, or a response.

16. Testimonials and Descriptions of Results

Patient testimonials, reviews, case descriptions, before-and-after information, and descriptions of possible benefits reflect individual experiences or general treatment goals.

They do not represent a promise, warranty, or guarantee that another patient will receive the same result.

Healthcare outcomes vary based on many factors, including a person’s health history, diagnosis, adherence, lifestyle, medications, response to treatment, and other individual circumstances.

17. Intellectual Property

Unless otherwise stated, the Website and its original content—including its text, graphics, logos, design elements, videos, photographs, downloads, and educational materials—are owned by or licensed to Cleveland PrimeCare and are protected by applicable intellectual-property laws.

You may access and print reasonable portions of the Website for your own personal, noncommercial use.

You may not, without prior written permission:

• Copy substantial portions of the Website;
• Republish Website content;
• Modify or create derivative works from Website materials;
• Sell or commercially distribute Website content;
• Remove copyright, trademark, or attribution notices;
• Use Website content to train or populate a commercial product or database; or
• Use Cleveland PrimeCare’s name, branding, or logo in a manner that suggests an unauthorized endorsement or affiliation.

Third-party names, products, trademarks, and logos remain the property of their respective owners.

18. Prohibited Uses

You may not use the Website to:

• Violate any applicable law;
• Attempt to gain unauthorized access to a system or account;
• Interfere with the Website’s operation or security;
• Introduce malware, viruses, or harmful code;
• Collect information about other users without authorization;
• Scrape, crawl, or systematically extract Website data for commercial purposes;
• Submit false appointment, payment, or patient information;
• Harass providers, staff members, patients, or other individuals;
• Misrepresent your identity or authority; or
• Use Website information to provide unauthorized medical services.

We may restrict or terminate access to the Website when we reasonably believe these Terms have been violated.

19. Third-Party Websites

The Website may contain links to websites that Cleveland PrimeCare does not own or operate, including an affiliated MedSpa website.

Links are provided for convenience and do not necessarily constitute an endorsement, guarantee, partnership, or assumption of responsibility.

Cleveland PrimeCare is not responsible for the content, claims, products, services, privacy practices, or security of third-party websites. You should review the terms and privacy policies of any outside website you visit.

20. Website Availability and Accuracy

We make reasonable efforts to maintain the Website, but we do not guarantee that it will always be available, error-free, secure, or compatible with every device or browser.

The Website may contain typographical errors, outdated information, technical problems, broken links, or service descriptions that have changed.

We may modify, suspend, remove, or discontinue any Website feature or content without notice.

21. Disclaimer of Website Warranties

To the fullest extent permitted by law, the Website and its content are provided on an “as is” and “as available” basis.

Cleveland PrimeCare disclaims warranties relating to the Website, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, availability, and security.

This disclaimer applies to Website use only. It does not eliminate professional duties that apply to healthcare services or waive any patient right that cannot lawfully be waived.

22. Limitation of Liability

To the fullest extent permitted by law, Cleveland PrimeCare will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages arising solely from your use of, inability to use, or reliance on the Website or a third-party link.

This limitation does not apply where prohibited by law and does not limit liability or legal rights relating to professional healthcare services, medical malpractice, willful misconduct, or any other matter that cannot legally be limited or waived.

23. Indemnification

To the extent permitted by law, you agree to be responsible for losses, claims, or expenses resulting from your unlawful use of the Website, your intentional violation of these Terms, or your infringement of another person’s rights.

This provision does not apply to claims arising from Cleveland PrimeCare’s professional healthcare services, negligence, or conduct for which responsibility cannot lawfully be transferred.

24. Affiliated and Independent Organizations

References to professional associations, quality alliances, outside laboratories, pharmacies, hospitals, vendors, or affiliated organizations are provided to explain relationships or available resources.

Unless specifically stated otherwise, these organizations are independent entities. Cleveland PrimeCare does not control and is not responsible for the independent actions, services, policies, or decisions of another organization.

Likewise, an outside organization is not responsible for Cleveland PrimeCare’s Website or independent clinical decisions merely because an affiliation or relationship is identified.

25. Governing Law and Venue

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

Any dispute concerning use of the Website will be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio, unless another location is required by applicable law.

This provision does not change any special law, procedure, limitation period, or venue rule applicable to a healthcare-liability claim.

26. Changes to These Terms

We may update these Terms periodically to reflect changes in the Website, services, technology, or legal requirements.

Updated Terms will be posted on this page with a revised effective date. Your continued use of the Website after revised Terms are posted constitutes acceptance of those revised Terms.

27. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect. The invalid provision will be interpreted or modified only to the minimum extent necessary to make it enforceable where permitted by law.

28. No Waiver

Cleveland PrimeCare’s failure to enforce a provision of these Terms does not waive its right to enforce that provision or another provision later.

29. Contact Information

Questions about these Website Terms and Conditions may be directed to:

Cleveland PrimeCare
25200 Chagrin Boulevard, Suite 300
Beachwood, Ohio 44122

Telephone: (216) 383-2834
Website: www.clevelandprimecare.com

Please do not use general Website communications for medical emergencies or urgent clinical concerns.