TERMS OF SERVICE

‍Cerium Medical Terms of Service
The Terms of Service are an agreement between Cerium Medical and you concerning Medical Services and delivery of Medical Services via technology when you and the Provider (as such term is hereinafter defined) are not in the same location (i.e., telehealth visits). Users must agree to these Terms before accessing Medical Services and telehealth appointments.
 
Cerium Medical Policy on Access to Terms and Conditions
 
By accessing the Cerium Medical platform, you freely accept and agree, that you are at least the age of Eighteen (18) Years Old or older (“you” ) and agree to be bound by these Terms of Service,  the Cerium Medical Privacy Policy and the Cerium Medical Consumer Health Data Privacy Notice the terms and conditions of which are hereby incorporated by reference (collectively, the “Terms and Conditions”). The Cerium Medical Terms and Conditions are to provide you easy and immediate access to these documents, specifically the Cerium Medical Terms of Use, Cerium Medical Privacy Policy and the Cerium Medical Consumer Health Data Privacy Notice, on the Cerium Medical platform. You have agreed to such access (via platform or possibly email) by creating an account to access medical services with Cerium Medical.
Your agreement to such access is in effect until you withdraw it. You have the right to withdraw your agreement to these Terms and Conditions at this time, or any time. If you seek to withdraw your agreement, please contact Cerium Medical at [_______________].
Medical, Telehealth and Telemedicine Services Procedure 
By accessing this part of the Site, you are accessing medical services which will be provided via audio, video or chat capabilities remotely or in your residence (the “Medical Services”) by a licensed health care practitioner (the “Provider”) employed by, and/or under contract with, one or more professional corporations and/or professional limited liability companies[1] incorporated, formed or authorized in one or more states and for which Cerium MSO, LLC (“Cerium Medical”) has contracted (collectively, the “Professional Entities”).
These Terms of Service (“Terms”) are an agreement between you and the Professional Entities concerning the Medical Services and the delivery of Medical Services via technology when you and the Provider are not in the same location (“Telehealth Visits”). Benefits of Telehealth Visits include, but are not limited to, the following:
  1. Improved accessibility to clinicians because the patient is not required to be physically located with the Provider;
  2. Convenient access to follow-up care;
  3. Maintains patient safety during pandemic or declared state/Federal emergency;
  4. Ability to be evaluated and treated in your own home or location of choice;
  5. Reduced need to travel; and
  6. More efficient care evaluation and management.
Accessing Medical Services: Telehealth Visits and Telemedicine 
In connection with accessing the Medical Services and Telehealth Visits, you acknowledge, understand, consent and agree to the following:
  1. Telehealth Visits involve the use of electronic communications to enable the Providers at different locations to share individual patient medical information for the purpose of providing the Medical Services and improving patient care.
  2. A Telehealth Visit is not the same as an in-person direct patient/healthcare provider visit, because you will not be in the same room as the Provider providing the Medical Services. Telehealth Visits should not be used for emergency health situations. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 9-1-1 AND/OR GO TO THE NEAREST EMERGENCY ROOM.
  3. You understand and agree that Telehealth Visits have their limitations and there is no guarantee that a Telehealth Visit will eliminate the need for you to consult with a health care provider in person. You acknowledge that you will consult with a local health care provider in person for any necessary medical evaluations or medical tests.
  4. The communications systems used during the Telehealth Visits will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. These protocols meet industry security and privacy standards.
  5. You acknowledge that you waive confidentiality if your personal health information is overheard by another individual in your vicinity during the Telehealth Visit. You agree to ensure your own privacy, including disabling or turning off any virtual assistant devices such as Alexa or Echo.
  6. You are aware that either the Provider or you can discontinue the Telehealth Visit if we believe that the videoconferencing connections are not adequate for the situation. Your Provider will make reasonable efforts to give you information about how to receive assistance in the event of an inability to communicate as a result of a technological or equipment failure.
  7. You understand that the Telehealth Visit with your Provider will not be audio or video recorded, and you agree not to audio or video record such Telehealth Visits.
  8. You may refuse a Telehealth Visit or consultation without affecting your ability to use Cerium Medical services in the future for care or treatment.
  9. In connection with a Telehealth Visit, you may be requested by a Provider to upload, post, publish or display (hereinafter, “upload”) images, videos, photographs, information, data, text, messages or other materials (“content”). You will ensure that all content you upload or share with the Professional Entities and the Providers complies, to the best of your ability, with all applicable laws, rules and regulations, is appropriate and non-offensive, and that you have all necessary rights to use, share, and/or upload such content, without infringing any third-party rights.
  10. You are responsible for verifying your location information during your clinical visits. In the event of a medical emergency during the Telehealth Visit, you will be instructed by your Telehealth Visit Provider to contact your local emergency services and/or to dial 9-1-1.
  11. To the extent applicable, you hereby consent and authorize the Professional Entities and any Provider associated with the Professional Entities to review and use content you have uploaded to the Site in connection with the Medical Services provided to you pursuant to any Telehealth Visit.
  12. All existing laws regarding your access to medical information and copies of your medical records apply to the Telehealth Visit.
  13. You agree that the Professional Entities may use and disclose your health information in accordance with applicable law, the Privacy Policy and Consumer Health Data Privacy Notice provided to you. 
  14. Further, if your Provider determines that a referral to a non-Cerium Medical provider is necessary, you understand, agree and consent that your Telehealth Visit may involve electronic communication of your personal health/medical information to other medical providers in order to carry out the referral and provide treatment to you. You may revoke this consent at any time in writing to Cerium Medical.
Your personal health/medical information that we will share in accordance with this provision will include drug/alcohol abuse information, mental health treatment, genetic information, sexually transmitted diseases, HIV/AIDS testing or treatment, and other sensitive information, if that information exists in your health/medical records. If you would like to restrict the records we share, please contact us as soon as possible via phone or email at the contact information printed at the end of these Terms.
You understand that medical reports resulting from your Telehealth Visits are part of your health/medical records.
This provision shall not apply to the disclosure of your health information to researchers or other entities, in which case additional written consent from you will be obtained.
  1. To the extent applicable, you agree and acknowledge that Cerium Medical may make your health information available electronically through an electronic health information exchange to other health care providers that request your information for their treatment purposes. In all cases, the requesting provider must have or have had a treating relationship with you. Participation in an electronic health information exchange also lets us see other providers’ information about you for our treatment purposes.
  2. You agree that you are entering into an agreement with the Professional Entities which shall be a provider of the Medical Services to you, which means, among other things, you are entering into a practitioner-patient relationship with the Provider associated with the Professional Entities that personally performs the Medical Services. This agreement and relationship include information for treatment and follow-up care, as well as possible follow-up communications.
  3. You understand and agree that Cerium Medical arranges for the provision of Medical Services by the Professional Entities BUT DOES NOT, ITSELF, PROVIDE MEDICAL SERVICES. MEDICAL SERVICES ARE RENDERED SOLELY BY PROVIDERS EMPLOYED BY, OR CONTRACT WITH, THE PROFESSIONAL ENTITIES.
  4. In connection with the Medical Services and the provision of Telehealth Visits, you consent and agree to the release of your medical records which other treating providers may have. You will be asked to complete a specific medical release form when needed.
  5. Prescriptions. With respect to Telehealth Visits, you agree that Providers associated with the Professional Entities will not prescribe the following drugs:
    1. Prescriptions for medications that are restricted by states.
    2. Prescriptions for medications for psychiatric illnesses.
  6. Neither Cerium Medical nor the Professional Entities is a drug fulfillment warehouse. In the event that a Provider associated with the Professional Entities does prescribe a medication, he/she will limit the supply based on state regulations and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional judgment. The Professional Entities does not guarantee that a prescription will be written.
  7. You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
  8. You agree and acknowledge that there is no guarantee you will be treated by a Provider. All Providers reserve the right to deny care for potential misuse of the Medical Services or for any other reason if, in the professional judgment of my Provider, the provision of the Services is not medically or ethically appropriate.
Account Enrollment 
To access Providers for Telehealth Visits, you must first establish an individual user account (“Account”) by providing certain information. You represent and warrant that you are of legal age to agree to be bound by, these Terms and shall create a separate Account. You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed. By creating an Account, you agree that you will not engage in inappropriate behavior toward your Provider, including but not limited to, disparaging or demeaning language, verbal harassment, unwanted sexual advances, and/or threats of physical harm. In the event of breach by you of any of the terms and conditions of these Terms and Conditions, Cerium Medical and the Professional Entities reserve the right to investigate and take appropriate action against you, including, without limitation, suspending or terminating your Account, removing any offending content, and reporting you to the law enforcement authorities.
Payment Authorization 
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method (the “Payment Method”) and that you authorize us (or our third-party payment processor) to charge the Payment Method for the Telehealth Visit as well as any additional purchases (including any applicable taxes and other charges) you may authorize (each, a “Transaction”). If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any Payment Method problems before we proceed with your Transaction. If you want to change or update the Payment Method information, you can do so at any time by logging into your Account.
 
You agree that authorizations to charge your Payment Method remains in effect until you cancel your Account, and you agree to notify Cerium Medical of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Medical Services or any purchases associated with a Transaction. You acknowledge that the origination of ACH transactions to your Account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Cerium Medical may at its discretion attempt to process the charge again at any time within 30 days. You acknowledge and agree that fees for Telehealth Visits may increase at any time. You will be informed of any increase in fees for Telehealth Visits.
Patient Consent to the Use of Telemedicine 
You have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms, you hereby give your informed consent for yourself to participate in a Telehealth Visit under the terms described herein.
Consent to Receive Electronic Communications
 
By creating an Account, you consent to receive electronic communications from Cerium Medical (e.g., via email, push notifications on your tablet or mobile device, by posting notices to the Site). These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with Cerium Medical. You agree that any notices, agreements, disclosures or other communications that Cerium Medical sends  to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. Cerium Medical also may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information Cerium Medical think will be of interest to you. You may opt out of receiving promotional emails at any time by following the unsubscribe instructions provided in the email.
 
By providing your phone number to us through the Site, you consent to be contacted by or on behalf of Cerium Medical and the Providers at the number you have provided, including calls and/or text messages regarding the Services. Message and data rates may apply. You can opt-out of any further text messages by replying “STOP” or by emailing us at contactus@ceriummedical.com.
 
ATTENTION: Email and text messages are not secure methods of communication and Cerium Medical cannot ensure the security or confidentiality of messages sent by email and/or text message. Information, including personal health information, transmitted by email or text message is not encrypted and could be read by a third party. If you would prefer not to exchange personal health information via email or text message, please notify us at [______________________]
 
Intellectual Property
 
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of Cerium Medical or its licensors or suppliers, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
 
You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, create derivative works of, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Cerium Medical trademarks, service marks, and logos are strictly prohibited without the prior written permission of Cerium Medical.
 
Cerium Medical respects copyright law and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Cerium Medical will respond expeditiously to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
 
Links to Other Sites
 
Cerium Medical makes no representations whatsoever about any other website that you may access through the Site. When you access a non-Cerium Medical site, please understand that it is independent from Cerium Medical, and that Cerium Medical has no control over the content on that website. In addition, a link to a non-Cerium Medical website does not mean that Cerium Medical endorses or accepts any responsibility for the content, or the use, of the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites.
 
Disclaimer of Warranties
 
CERIUM MEDICAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. CERIUM MEDICAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES.
 
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. CERIUM MEDICAL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
 
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY CERIUM MEDICAL ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY CERIUM MEDICAL OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. CERIUM MEDICAL DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH THE SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. CERIUM MEDICAL DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
 
Limitation of Liability Regarding Use of Site
 
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION, CERIUM MEDICAL SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROFESSIONAL ENTITIES OR THE PROVIDERS. CERIUM MEDICAL AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF CERIUM MEDICAL TO YOU WITH RESPECT TO YOUR ACCESS OR USE OF THE SITE OR ANY CONTENT OR MATERIALS THEREIN SHALL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID TO CERIUM MEDICAL IN THE THREE (3) MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE, OR (II) $100 (ONE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
 
Indemnification
 
You agree to defend, indemnify, and hold harmless Cerium Medical from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use, the Privacy Policy or Consumer Health Data Privacy Notice; (iii) the content or subject matter of any information you provide to Cerium Medical, the Professional Entities or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
 
DISPUTE RESOLUTION; BINDING ARBITRATION
 
Please read the following sub-sections carefully because they require you to arbitrate certain disputes and claims with Cerium Medical and limits the manner in which you can seek relief from us, including a class action waiver. This Section applies to all Disputes (unless excluded) between you and Cerium Medical.
 
Binding Arbitration
 
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Cerium Medical agree (a) to waive your and Cerium Medical’s respective rights to have any and all disputes arising from or related to these Terms, or the Site, resolved in a court, and (b) to waive your and Cerium Medical’s respective rights to a jury trial. Instead, you and Cerium Medical agree to arbitrate disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).
 
No Class Arbitrations, Class Actions or Representative Actions
 
You and Cerium Medical agree that any Dispute arising out of or related to these Terms or the Site is personal to you and Cerium Medical and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Cerium Medical agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Cerium Medical agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
 
Federal Arbitration Act
 
You and Cerium Medical agree that these Terms affect interstate commerce and that the enforceability of this Dispute Resolution Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
 
Notice; Informal Dispute Resolution Process
 
Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Cerium Medical agree that any Dispute must be commenced or filed by you or Cerium Medical within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Cerium Medical will no longer have the right to assert such claim regarding the Dispute). You and Cerium Medical agree that (a) any arbitration will occur (i) in the State of New York, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be New York City, New York and that state or federal courts of the State of New York and the United States, respectively, sitting in New York City, New York, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards. The parties shall attempt to agree on the single arbitrator to be appointed to resolve the Dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply.  You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and Cerium Medical will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.
 
Authority of Arbitrator
 
As limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.


AAA Rules
 
The AAA Rules and additional information about the AAA are available on the AAA website.  By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
 
Severability
 
If any term, clause or provision of this is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Dispute Resolution Section will remain valid and enforceable. Further, the waivers set forth in this Section  are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
 
Governing Law
 
These Terms, and your access to and use of the Site shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of New York and the United States, respectively, sitting in New York City, New York.
 
International Users
 
Use of the Site is intended solely for residents of the United States. The Site may contain content, services, or information otherwise not accessible or valid in your country. Access to the Site from outside the United States is at your own risk, and Cerium Medical does not take responsibility for your use of the Site. Any offer for any product or service made on the Site is void where prohibited by law.


How to Contact Us 
Cerium Medical, will verify your current location during the intake process and the Provider you will be seeing during your Telehealth Visit is licensed in the state in which you are located at the time of your Telehealth Visit. Credentials, including state-specific Provider license numbers, specialty/ies, medical board information and training can be provided to you upon request.
You may also contact us if you want to obtain your medical records or personal health information.
In any of these instances, or for any other questions/concerns, please contact Cerium Medical in any of the following ways: 
Cerium Medical 
999 West Main Street
West Dundee, Illinois 60118


Changes to this Agreement 
When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these Terms periodically. Your continued use of Telehealth Visits constitutes your agreement to the changed Terms. 
Last modified: August 12th, 2026