Terms of Use

1. Introduction and Acceptance

These Terms of Use (“Terms”) are a binding legal agreement between you and Extend Medical LLC, a Georgia limited liability company (“Extend Medical”, “Practice”, “we”, “us”, or “our”), governing your access to and use of our public-facing websites, including extendmedical.com and our patient resource hub at hub.extendmedical.com, together with all content, features, functionality, communications, and services made available through them (collectively, the “Website”).

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Website.

These Terms apply to all visitors and users of the Website. If you become a patient of Extend Medical, your healthcare relationship with the Practice will be governed by the Patient Intake Agreement, the Electronic Communications Agreement, the applicable Service Agreement, and the Notice of Privacy Practices (collectively, the “Patient Agreements”). Nothing in these Terms modifies the Patient Agreements. In the event of any conflict between these Terms and any Patient Agreement with respect to a subject matter that the Patient Agreement specifically addresses, the Patient Agreement shall control.

2. Definitions

Capitalized terms used but not defined in these Terms have the meanings given in our Privacy Policy or the applicable Patient Agreement, as the context requires.

3. Eligibility

The Website and our services are intended exclusively for adults who are at least 18 years of age and who have the legal capacity to enter into a binding contract. By accessing or using the Website, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity to enter into these Terms; (c) your use of the Website does not violate any applicable law or regulation; and (d) you have not previously been suspended or removed from the Website.

We do not provide services to, and do not knowingly accept information from, individuals under the age of 18.

4. Healthcare Information Disclaimer

4.1 Educational and Informational Purpose Only

The Website contains information about health, wellness, longevity, precision medicine, and related topics. All content on the Website, including articles, newsletters, talk descriptions, educational videos, and any other materials made available by us or through us, is provided for general educational and informational purposes only. Such content is not intended to be, and should not be interpreted as, personalized medical advice, diagnosis, or treatment recommendations.

4.2 Not Medical Advice

Information on the Website is not medical advice and is not a substitute for professional medical advice from a qualified healthcare provider with whom you have established a physician-patient relationship. No content on the Website is intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

You should not use information on the Website to make decisions about your health, medications, treatment, diet, exercise, or any other aspect of your medical care without consulting a qualified healthcare provider who is familiar with your individual medical history, current health status, and personal circumstances.

4.3 Statements Regarding Supplements, Therapies, and Interventions

The Website may discuss or describe supplements, peptides, compounded medications, hormone therapies, nutritional interventions, exercise protocols, and other therapies. Any statements made on the Website regarding such products or interventions have not been evaluated by the U.S. Food and Drug Administration. Nothing on the Website is intended to diagnose, treat, cure, or prevent any disease. Information regarding compounded medications, peptide-based therapies, or other advanced or research-based therapeutic interventions is general in nature; specific clinical decisions regarding any such therapy are made only within an established physician-patient relationship and are subject to the terms of the applicable Patient Agreements.

4.4 Reliance Disclaimer

Your reliance on any information made available through the Website is solely at your own risk. Extend Medical makes no representation or warranty that any information on the Website is accurate, complete, current, applicable to your circumstances, or suitable for any particular purpose. The Website is not designed, intended, or appropriate to replace consultation with a qualified healthcare provider or to address serious, urgent, or life-threatening medical conditions.

4.5 Individual Results

Health outcomes vary from individual to individual. Any health-related outcomes, improvements, or results referenced anywhere on the Website are illustrative only and are not guarantees, promises, or representations of what you or any other person will experience. Many factors influence individual outcomes, including genetics, medical history, lifestyle, adherence to recommendations, and circumstances beyond the control of any healthcare provider.

4.6 Patient Testimonials and Case Studies

The Website may, from time to time, include testimonials, case studies, success stories, or other accounts of patient experiences. Where such content appears: (a) it is shared with the express permission of the individual described and any depicted patient information is used in compliance with applicable law; (b) it reflects the experience of the specific individual at the time the content was created; (c) it is not a representation or guarantee of typical results; and (d) your individual results may differ. No testimonial or case study constitutes medical advice to you.

5. No Physician-Patient Relationship

Your access to or use of the Website does not create a physician-patient relationship between you and Extend Medical, any of our healthcare providers, or any other Extend Medical personnel. Submitting a contact form, subscribing to our newsletter, requesting a discovery call, attending a webinar, reading content on the Website, or communicating with us by email, phone, or text message likewise does not establish a physician-patient relationship.

A physician-patient relationship with Extend Medical is established only when all of the following occur:

• You execute the Patient Intake Agreement;
• You execute an applicable Service Agreement;
• You make the required payment (where applicable); and
• Extend Medical accepts you as a patient, in its sole discretion.

Until each of the foregoing has occurred, no medical advice is being provided to you specifically, no diagnosis or treatment is being rendered, and no obligation to provide care has arisen. Extend Medical reserves the right to decline to accept any individual as a patient for any reason or no reason.

6. Emergency Disclaimer

THE WEBSITE IS NOT FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, OR YOU SUSPECT YOU HAVE A SERIOUS, URGENT, OR LIFE-THREATENING CONDITION, CALL 9-1-1 IMMEDIATELY OR GO TO YOUR NEAREST EMERGENCY ROOM.

Do not use the Website, contact forms, email, text messaging, or any other electronic communication for urgent, emergent, or time-sensitive medical needs. We do not monitor electronic communications continuously and cannot guarantee timely response to any communication. Even if you are an established patient, the same rules apply: electronic communications are not appropriate for emergencies.

7. Becoming a Patient

If you wish to become a patient of Extend Medical, you must complete the onboarding process and execute the Patient Agreements. Acceptance as a patient is at the sole discretion of the Practice. Once accepted, your healthcare relationship is governed entirely by the Patient Agreements, including all provisions regarding scope of services, fees, payment terms, cancellation, electronic communications, binding arbitration, and HIPAA privacy practices.

These Terms continue to apply to your use of the Website even after you become a patient, but the Patient Agreements control all matters specifically addressed therein.

8. Use of the Website

8.1 License

Subject to your compliance with these Terms, Extend Medical grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes. Extend Medical reserves all rights not expressly granted in these Terms.

8.2 Restrictions on Use

You agree not to, and not to permit or assist any third party to:

• Use the Website for any unlawful, fraudulent, harmful, or unauthorized purpose, or in any way that violates these Terms, our Privacy Policy, or applicable law;
• Use the Website for any commercial purpose without our prior express written consent;
• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of any portion of the Website or its content, except as expressly permitted by these Terms;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, or underlying ideas of the Website or any associated software;
• Access or use any portion of the Website not intended to be accessed by you, or attempt to access any account, system, or data without proper authorization;
• Use any automated means (including bots, scrapers, spiders, crawlers, or data mining tools) to access, monitor, copy, or collect information from the Website, except in the case of public search engines indexing publicly available content in the ordinary course;
• Probe, scan, test the vulnerability of, or attempt to circumvent any security measure or authentication mechanism of the Website;
• Interfere with, disrupt, or impair the operation of the Website, the servers or networks used to provide the Website, or the use of the Website by any other person;
• Transmit any virus, worm, malware, trojan horse, time bomb, or other malicious code, or otherwise engage in any activity that may damage, disable, overburden, or impair the Website;
• Impersonate any person or entity, misrepresent your affiliation with any person or entity, or provide false, misleading, or inaccurate information;
• Use the Website to harass, threaten, defame, abuse, or harm any other person;
• Use the Website to send unsolicited commercial communications (“spam”), chain letters, pyramid schemes, or other prohibited solicitations;
• Collect, harvest, or store information about other users or visitors of the Website without their consent;
• Use the Website in any manner that infringes, misappropriates, or violates the intellectual property rights, privacy rights, publicity rights, or other rights of any person or entity;
• Frame, mirror, or otherwise reproduce any portion of the Website on any other website without our prior written consent; or
• Encourage or enable any other person to do any of the foregoing.

We reserve the right, at our sole discretion and without prior notice to you, to investigate suspected violations of these Terms, to remove or modify content, to suspend or terminate your access to the Website, and to take any other action we deem appropriate, including legal action.

9. Intellectual Property

9.1 Practice Content

The Website and all content, materials, features, functionality, software, code, design, text, graphics, images, video, audio, articles, newsletters, talk descriptions, educational materials, and other content available through the Website (collectively, “Practice Content”) are owned by or licensed to Extend Medical and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property and proprietary rights laws.

Except for the limited license granted in Section 8.1, no right, title, or interest in or to any Practice Content is granted to you, whether by implication, estoppel, or otherwise. You may not use, copy, reproduce, distribute, publish, transmit, modify, adapt, translate, create derivative works from, publicly display, publicly perform, or otherwise exploit any Practice Content without our prior written consent, except that you may temporarily store a single copy of Practice Content on your personal device for the sole purpose of your personal, non-commercial review.

9.2 Trademarks

“Extend Medical,” the Extend Medical logo, and other names, logos, product names, and service names of Extend Medical are trademarks, service marks, or trade names of Extend Medical (collectively, “Practice Marks”). You may not use any Practice Mark without our prior written consent. All other trademarks, service marks, and trade names appearing on the Website are the property of their respective owners.

10. User Submissions and Feedback

10.1 General

If you submit, post, upload, transmit, or otherwise provide any information, content, materials, suggestions, ideas, feedback, testimonials, reviews, comments, photographs, videos, or other materials to or through the Website (collectively, “User Submissions”), you represent and warrant that: (a) you own all rights in the User Submission or have obtained all necessary rights, consents, and permissions to grant the license below; (b) the User Submission does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any person or entity; (c) the User Submission does not violate any applicable law or regulation; and (d) the User Submission is accurate and not misleading.

10.2 License to Extend Medical

By providing any User Submission, you grant Extend Medical a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, copy, reproduce, modify, adapt, translate, publish, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit the User Submission, in any media now known or hereafter developed, for any purpose, including marketing, advertising, research, and improvement of our services. You waive any moral rights in the User Submission to the maximum extent permitted by applicable law.

10.3 No Obligation

We have no obligation to review, monitor, use, display, or retain any User Submission. We may remove, modify, or refuse to display any User Submission at any time, in our sole discretion, with or without notice.

10.4 PHI in User Submissions

Do not include Protected Health Information (as defined in the Privacy Policy) in any User Submission unless you are an established patient communicating through an approved patient communication channel and you intend the information to become part of your medical record. Public-facing User Submissions, including testimonials and reviews, should not contain detailed personal health information.

11. Third-Party Sites and Services

The Website may contain links to, or integrations with, websites, applications, services, or resources operated by third parties (collectively, “Third-Party Resources”). We provide such links and integrations as a convenience only. We do not control, endorse, or accept responsibility for any Third-Party Resources, and we make no representation or warranty regarding their content, accuracy, security, or practices.

Your access to and use of any Third-Party Resource is at your sole risk and is governed by the terms and privacy practices of the applicable third party, not by these Terms or our Privacy Policy. We encourage you to review the terms and privacy policies of any Third-Party Resource before providing information to or otherwise engaging with it. Extend Medical disclaims all liability arising from your access to or use of any Third-Party Resource.

12. No Endorsement of Health Care Providers or Third-Party Contributors

The Website may, from time to time, include or reference content, information, recommendations, statements, opinions, biographical information, photographs, videos, or other materials provided by or attributed to individuals, organizations, or entities other than Extend Medical, including but not limited to other licensed healthcare providers, medical professionals, researchers, scientists, authors, speakers, podcast guests, event participants, partner organizations, vendors, and guest contributors (collectively, “Third-Party Contributors”). Extend Medical may include such content for educational, informational, community engagement, marketing, or other purposes.

Extend Medical does not verify, endorse, sponsor, or assume responsibility for any content, information, recommendation, statement, opinion, product, or service attributed to or provided by any Third-Party Contributor. Without limiting the foregoing:

• Extend Medical does not investigate or independently verify the credentials, licensure, background, training, scope of practice, clinical expertise, business standing, or current professional status of any Third-Party Contributor. Biographical or credentialing information about a Third-Party Contributor that appears on the Website may be incomplete, inaccurate, or out of date.
• Third-Party Contributors are not agents, employees, partners, joint venturers, or representatives of Extend Medical or any of its affiliates, and Extend Medical has no control over the conduct, statements, qualifications, services, products, or business practices of any Third-Party Contributor.
• The inclusion of content from, references to, or appearances by any Third-Party Contributor on the Website does not constitute an endorsement, recommendation, sponsorship, or warranty by Extend Medical of the Third-Party Contributor or of any product, service, treatment, opinion, or recommendation they offer.
• Statements, opinions, and recommendations made by Third-Party Contributors are those of the Third-Party Contributor alone and do not necessarily reflect the views, practices, recommendations, or opinions of Extend Medical or any of our healthcare providers, members, or other personnel.
• Any relationship you choose to establish with a Third-Party Contributor, including any consultation, treatment, transaction, purchase, referral, or other engagement, is solely between you and the Third-Party Contributor. Extend Medical is not a party to and has no responsibility for any such relationship or its consequences.

It is your responsibility to independently evaluate the credentials, qualifications, accuracy, and trustworthiness of any Third-Party Contributor and the content they provide before relying on any information or recommendation from them or before establishing any relationship with them. Extend Medical disclaims all liability for any loss, injury, damage, claim, or expense of any kind arising out of or relating to: (a) your reliance on any content, statement, opinion, or recommendation provided by any Third-Party Contributor; (b) any relationship you establish with any Third-Party Contributor; or (c) the conduct, statements, products, services, or business practices of any Third-Party Contributor.

13. Privacy

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and share information about visitors and prospective patients. The Privacy Policy is incorporated into these Terms by reference. If you become a patient, your Protected Health Information will be governed by our Notice of Privacy Practices.

14. Electronic Communications and Notices

By using the Website and providing your contact information to us, you consent to receive electronic communications from us, including by email and, where you have opted in, by text message. You agree that such electronic communications satisfy any legal requirement that a communication be in writing.

Specific terms governing email and text message communications, including opt-out procedures, are set forth in our Privacy Policy. If you become a patient, electronic communications between you and the Practice are further governed by the Electronic Communications Agreement.

15. Disclaimer of Warranties

THE WEBSITE, ALL PRACTICE CONTENT, AND ALL INFORMATION, MATERIALS, AND SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXTEND MEDICAL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, Extend Medical makes no warranty or representation that: (a) the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components; (b) any content or information on the Website is accurate, complete, current, reliable, or useful; (c) any defects in the Website will be corrected; (d) the Website will meet your requirements or expectations; (e) any results, outcomes, or benefits referenced anywhere on the Website will be achieved by you or any other person; or (f) the Website or any Practice Content complies with the laws of any jurisdiction other than the United States.

No advice or information, whether oral or written, obtained by you from Extend Medical or through the Website shall create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXTEND MEDICAL, OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR REPRESENTATIVES (COLLECTIVELY, THE “PRACTICE PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE DAMAGE OR FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR PERSONAL INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY PRACTICE CONTENT, ANY THIRD-PARTY RESOURCES, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PRACTICE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE PRACTICE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY PRACTICE CONTENT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO EXTEND MEDICAL FOR ACCESS TO OR USE OF THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

This limitation of liability does not apply to liability for clinical services rendered by Extend Medical to you as a patient. Liability arising out of the physician-patient relationship is governed by the Patient Agreements, including the binding arbitration provisions therein, and by applicable law.

The disclaimers and limitations in this Section 16 are fundamental elements of the basis of the bargain between you and Extend Medical. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

17. Indemnification

You agree to defend, indemnify, and hold harmless the Practice Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Website; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any right of any third party, including any intellectual property, privacy, publicity, or contractual right; (e) any User Submission you provide; or (f) any negligent or wrongful act or omission by you in connection with your use of the Website.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which case you agree to cooperate with our defense. You shall not settle any matter without our prior written consent.

18. Termination

We may suspend, restrict, or terminate your access to all or any portion of the Website at any time, with or without notice, for any reason or no reason, including, without limitation, if we believe in good faith that you have violated these Terms or applicable law. We may also modify, suspend, or discontinue the Website or any portion of it at any time, with or without notice, and we will have no liability to you for any such modification, suspension, or discontinuation.

You may stop using the Website at any time. Sections that by their nature should survive termination (including, without limitation, Sections 4, 5, 9, 10, 12, 15, 16, 17, 22, 23, and 24) shall survive any termination of these Terms.

19. Copyright Infringement (DMCA)

We respect the intellectual property rights of others and expect users of the Website to do the same. If you believe in good faith that content on the Website infringes your copyright, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), to our designated agent.

A DMCA notification must include all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate the material;
• Your contact information, including address, telephone number, and email address;
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Send DMCA notifications to:

Extend Medical LLC
Attn: DMCA Agent
4651 Roswell Road, Building C, Suite 203
Atlanta, GA 30342
Email: legal@extendmedical.com

We may terminate the access of users who are determined to be repeat infringers. Counter-notifications may be submitted in accordance with 17 U.S.C. § 512(g).

20. Modifications to These Terms or the Website

20.1 Modifications to Terms

We may revise these Terms from time to time, in our sole discretion, by posting the revised Terms on the Website and updating the Effective Date at the top of the document. The revised Terms will be effective immediately upon posting, except that material changes to the binding arbitration provisions in Section 22 will not apply retroactively to disputes of which we had notice prior to the change.

Where we believe a revision is material, or where required by applicable law, we may provide additional notice (such as a banner on the Website or, where appropriate, an email to addresses we have on file). Your continued access to or use of the Website after the Effective Date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.

20.2 Modifications to the Website

We may add, modify, suspend, or discontinue features, functionality, content, or any other aspect of the Website at any time, in our sole discretion and without notice or liability to you.

21. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms, the Website, or your use thereof, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles, except as expressly provided in Section 22 with respect to the Federal Arbitration Act.

Subject to the binding arbitration provisions in Section 22, you and Extend Medical agree that any action arising out of or relating to these Terms or the Website that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, and you and Extend Medical irrevocably consent to the personal jurisdiction of and venue in such courts.

22. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BINDING ARBITRATION AS THE EXCLUSIVE METHOD OF RESOLVING MOST DISPUTES WITH EXTEND MEDICAL.

22.1 Interstate Commerce and Federal Arbitration Act

You and Extend Medical acknowledge that the Website operates in interstate commerce within the meaning of the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), including through the delivery of content and services across state lines, the processing of electronic communications through interstate networks, and the storage and transmission of data through interstate systems. This Section 22 is governed exclusively by the FAA and not by any state arbitration statute.

22.2 Agreement to Arbitrate

You and Extend Medical mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, the Practice Content, your use of or inability to use the Website, or any related interactions or communications between you and Extend Medical (collectively, “Disputes”), shall be resolved exclusively through binding individual arbitration as set forth in this Section 22, and not by filing a lawsuit in any court of law, except as otherwise provided herein.

For the avoidance of doubt: Disputes arising out of or relating to clinical services rendered by Extend Medical to you as a patient, or to the Patient Agreements, are governed by the binding arbitration provisions contained in the Patient Intake Agreement, not by this Section 22. The two arbitration frameworks operate in parallel.

This agreement to arbitrate is mutual and binding upon both you and Extend Medical equally. Extend Medical waives the same rights as you under this provision, including the right to file a lawsuit in court or to demand a jury trial.

22.3 Pre-Arbitration Notice and Informal Resolution

Before initiating arbitration, the party asserting the Dispute (the “Claimant”) shall first provide the other party with written notice of the Dispute, including a description of the Dispute, the relief sought, and contact information for the Claimant. Notice to Extend Medical shall be sent to legal@extendmedical.com. The parties shall then attempt in good faith to resolve the Dispute through informal negotiation for a period of at least sixty (60) days following the notice. If the Dispute is not resolved within that period, either party may commence arbitration.

22.4 Arbitration Procedures

Any arbitration shall be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect, as modified by this Section 22, or, by mutual written agreement of the parties, by JAMS under JAMS' applicable rules. The arbitration shall be conducted by a single neutral arbitrator who is a licensed attorney with experience relevant to the subject matter of the Dispute.

The arbitration shall take place in the metropolitan Atlanta, Georgia area or by videoconference as mutually agreed by the parties or as determined by the arbitrator. The arbitrator shall apply Georgia substantive law (and federal law where applicable) to the merits of any Dispute, but the enforceability of this arbitration provision shall be governed exclusively by the FAA.

The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order, including compensatory damages, declaratory relief, injunctive relief, and attorneys' fees where permitted by law, subject to the limitations set forth in these Terms (including the limitation of liability in Section 16). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

22.5 Class Action and Representative Action Waiver

YOU AND EXTEND MEDICAL AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS SECTION 22 SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU AND EXTEND MEDICAL EACH WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND THE RIGHT TO HAVE ANY DISPUTE CONSOLIDATED WITH ANY OTHER ARBITRATION OR PROCEEDING.

The arbitrator shall not have authority to conduct any class, consolidated, or representative arbitration. If a court determines that this class action waiver is unenforceable with respect to any Dispute, that Dispute shall be severed from this arbitration agreement and litigated in a court of competent jurisdiction in Fulton County, Georgia, while all other Disputes shall continue to be subject to this arbitration agreement.

22.6 Waiver of Jury Trial

By agreeing to these Terms, you and Extend Medical each waive the right to a trial by jury for any Dispute that, but for this Section 22, would otherwise be triable to a jury.

22.7 Arbitration Costs

The parties shall share equally the arbitrator's fees and AAA (or JAMS) administrative fees, except that Extend Medical shall advance your share of any filing fees at your request, subject to reallocation by the arbitrator in the final award. Each party shall bear its own attorneys' fees unless the arbitrator determines otherwise under applicable law or under a fee-shifting provision.

22.8 Right to Opt Out

You may opt out of this Section 22 by delivering written notice to Extend Medical within thirty (30) calendar days of your first access to or use of the Website. The opt-out notice must be in writing, must identify you (full legal name and contact information), must state clearly that you decline to be bound by this Section 22, and must be delivered to legal@extendmedical.com or to Extend Medical at the address in Section 25.

If you timely opt out, all other provisions of these Terms shall remain in full force and effect, and any Dispute shall be resolved in the courts identified in Section 21. If you do not opt out within the thirty (30) day period, this Section 22 shall be binding and irrevocable.

22.9 Exceptions to Arbitration

Notwithstanding this Section 22:

• Either party may bring an individual action in small claims court for Disputes within the scope of such court's jurisdiction;
• Either party may seek emergency, injunctive, or other equitable relief from a court of competent jurisdiction to the extent necessary to prevent irreparable harm pending arbitration, including to prevent infringement of intellectual property rights or unauthorized use of the Website; and
• Disputes governed by the Patient Agreements are resolved under the arbitration provisions in those agreements, not under this Section 22.

22.10 Confidentiality

All arbitration proceedings under this Section 22, and any awards or settlements resulting therefrom, shall be confidential. Neither party shall disclose the existence, content, or results of any arbitration to any third party, except as may be required by applicable law, regulatory obligation, or to enforce or challenge the arbitration award.

22.11 Time Limitation

Any Dispute under this Section 22 must be initiated within one (1) year of the date on which the Dispute accrued. A Dispute initiated more than one (1) year after accrual shall be time-barred and dismissed.

22.12 Severability of Arbitration Provisions

If any provision of this Section 22 (other than the class action waiver in Section 22.5) is held to be unenforceable, the remaining provisions of this Section 22 shall continue in full force and effect. If the class action waiver in Section 22.5 is held to be unenforceable with respect to any particular Dispute, that Dispute shall be severed from arbitration and litigated as described in Section 22.5, while all other Disputes shall remain subject to this Section 22.

22.13 Survival

This Section 22 shall survive any termination or expiration of these Terms.

23. Accessibility

We are committed to making the Website accessible to individuals with disabilities and strive to align our practices with applicable accessibility standards. If you encounter any accessibility barriers while using the Website, or if you require accommodations to access any of our content or services, please contact us at legal@extendmedical.com and we will work in good faith to address your concerns.

24. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any other terms incorporated by reference, constitute the entire and exclusive agreement between you and Extend Medical regarding your access to and use of the Website. These Terms supersede any prior or contemporaneous oral or written agreements between you and Extend Medical with respect to the Website. If you are a patient, the Patient Agreements together with these Terms and the Privacy Policy govern the entire relationship between you and Extend Medical.

Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.

No Waiver. No failure or delay by Extend Medical in exercising any right under these Terms will operate as a waiver of that right. No waiver shall be effective unless in writing and signed by an authorized representative of Extend Medical.

Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this provision is null and void. Extend Medical may assign or transfer these Terms, in whole or in part, at any time, without notice to or consent from you.

No Third-Party Beneficiaries. These Terms are for the benefit of you and Extend Medical only and do not create any rights enforceable by any other person or entity, except that the Practice Parties are intended third-party beneficiaries of Sections 15, 16, and 17 and may enforce those provisions directly.

Relationship of Parties. Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between you and Extend Medical. Neither party has the authority to bind the other or to incur any obligation on the other's behalf.

Force Majeure. Extend Medical shall not be liable for any failure or delay in performance under these Terms to the extent caused by events beyond its reasonable control, including, without limitation, acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, governmental actions, internet or telecommunications failures, or third-party service provider failures.

Headings. The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

Construction. The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “or” is not exclusive. The singular includes the plural and vice versa.

Notices to You. We may provide notices to you by posting on the Website, by email to addresses we have on file, by text message, or by any other reasonable means. Notices to you shall be effective when posted or sent.

Notices to Us. Notices to Extend Medical under these Terms shall be sent in writing to the address in Section 25 or by email to legal@extendmedical.com and shall be effective upon receipt.

English Language. These Terms are drafted in the English language, and the English-language version shall control over any translation.

25. Contact

If you have questions about these Terms, please contact us:

Extend Medical LLC
Attn: Legal
4651 Roswell Road, Building C, Suite 203
Atlanta, GA 30342
Email: legal@extendmedical.com
General support: support@extendmedical.com