OUR SERVICES

Focus Health is a Management Services Organization and technology information service provider that provides administrative and marketing services to independent Medical Practices and via our Website provides patients with health information and provides a forum for independent Medical Practices to provide CPR, first aid and lifeguard training, Tb and live scan, physicals, travel and vaccines, drug tests and immigration serves in-home on-site, online and in-clinic.

Medical Practices promoting themselves on Focus Health perform thorough background checks on Physicians to ensure that they are in current good standing with the California medical board, as well as thorough background checks on any Medical Assistants accompanying the Physicians during the provision of medical services.

Medical Practices that promote themselves on Focus Health, and its Health Care Professionals, are not employees of Focus Health. Employees of Focus Health do not provide users health care services and take no part in your medical diagnosis and/or treatment. Focus Health shall not be liable for any professional advice from a health care professional that is provided to a user in-person or via telephone, nor for any information obtained on our Website. We do not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any health care providers that promote themselves on our Website or information provided by such health care providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.

Consult with your current licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed healthcare provider.

You will be required to enter into separate agreements with the Medical Practice providing you with medical services (“Physician Agreements”). Physician Agreements include, but are not limited to arbitration agreements, privacy policies, medical services consents, and nondisclosure agreements. Any Medical Practice that promotes itself on Focus Health, and their Health Care Professionals, are independent of Focus Health, and Focus Health is not responsible for any issues you may have with respect to the Medical Practices’ or a Health Care Professionals’ professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Medical Practices or Health Care Professionals.

IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS.

IF YOU CHOOSE TO BE CONNECTED WITH A MEDICAL PRACTICE, AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO A MEDICAL PRACTICE. IF A MEDICAL PRACTICE HAS AN AVAILABLE PHYSICIAN, AN IN-PERSON MEETING BETWEEN YOU AND A LICENSED PHYSICIAN, AT A LOCATION OF YOUR CHOOSING MAY OCCUR. WITH RESPECT TO THE PROVISION OF IN HOME, ONSITE AND IN CLINIC MEDICAL SERVICES, THE WEBSITE IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH INFORMATION REGARDING A MEDICAL PRACTICE THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM OUR WEBSITE. A REPORT OF YOUR DESIRED SERVICES WILL BE CONVEYED TO THE MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS.

BY USING THE WEBSITE OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT FOCUS HEALTH IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL.

PLEASE NOTE THAT FOCUS HEALTH’S EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS WEBSITE OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH A MEDICAL PRACTICE AND ITS INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, FOCUS HEALTH EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF HEALTH CARE PROFESSIONALS SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE WEBSITE.

LICENSE AND LIMITATIONS ON USE

Focus Health grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Website and to access our Services using the Website. Unless otherwise specified in writing, the Website and Services are for your personal and non-commercial use. The Website, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Website (the “Proprietary Materials”) are the property of Focus Health or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Focus Health. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Website to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

By using the Website or the Services, you agree that your use:

Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;

Will not cause nuisance, annoyance, disruption, or inconvenience to any Health Care Professionals;

Will not impair the proper operation of the network;

Will only be through access points or wireless data account (AP) which you are authorized to use; and

May involve standard messaging charges by your wireless provider

DISCLAIMERS OF WARRANTIES

YOU USE THE WEBSITE, THE SERVICES, INCLUDING A MEDICAL PRACTICE’S AND HEALTH CARE PROFESSIONALS’ SERVICES, AT YOUR OWN RISK. FOCUS HEATH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY FOCUS HEALTH OR THE SERVICES, INFORMATION AND ADVICE PROVIDED BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL OR THROUGH OUR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE WEBSITE SERVICES, ANY MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND FOCUS HEALTH SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOCUS HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY INDEPENDENT MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN FOCUS HEALTH’S LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT FOCUS HEALTH SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOCUS HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES OF THE WEBSITE OR ANY MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES OR THE WEBSITE. IN NO EVENT SHALL FOCUS HEALTH’S TOTAL LIABILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO FOCUS HEALTH. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, FOCUS HEALTH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

DISCLAIMERS REGARDING MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS

FOCUS HEALTH DOES NOT EXPRESSLY ENDORSE ANY MEDICAL PRACTICE OR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL ON THE WEBSITE. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL AND NOT FOCUS HEALTH. RELIANCE ON ANY INFORMATION PROVIDED BY ANY MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL ON OR THROUGH THE SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. FOCUS HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID MEDICAL PRACTICE OR HEALTH CARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE SERVICES OR OUR WEBSITE. MEDICAL PRACTICES AND HEALTH CARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH PHYSICIANS ARE BETWEEN YOU AND THE LICENSED HEALTH CARE EXPERT. BY USING THE SERVICE, YOU AGREE NOT TO HOLD FOCUS HEALTH LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE PHYSICIAN MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL FOCUS HEALTH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY PHYSICIANS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH HEALTH CARE PROFESSIONALS PARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON.

INDEMNIFICATION

You agree to defend, indemnify, and to hold harmless Focus Health, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Services or our website or your inability to use the Services or our website; or (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold Focus Health (and its officers and directors) harmless applies whether a claim against Focus Health is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Services and/or our website caused damage to you or to any third party and/or your use and access to the Services and/or our website. This indemnification section shall survive your termination of or cessation of use of the Services and our website.

THIRD PARTY WEBSITES, PRODUCTS AND SERVICES

The services and/or our website may link to or promote websites, products and/or services from other companies, such as independent Medical Practices, or offer you the ability to download software from other companies. You agree that Focus Health is not responsible for, and does not control, those websites or any third party products or services. Focus Health encourages you and any minor for whom you are responsible to be aware of this when you leave the Website or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use (or that of any minor for whom you are responsible) of a third party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions.

GOVERNING LAW AND CHOICE OF FORUM

This Agreement contains the final and entire agreement between us regarding your use of the services and our website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Los Angeles, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

ASSIGNMENTS

Focus Health may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Focus Health’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

PROMOTIONS AND OFFERS

We may, as part of our services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. The Website reserves the right to send particular promotions to particular Patients, Physicians, and other individuals. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy. You agree that Focus Health may communicate your personal information to a Medical Practice featured on the Website in connection with any healthcare services provided by that Medical Practice and its Health Care Professionals.

Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.

Focus Health is not responsible for any unauthorized promotions and offers offered by third parties through the Website.