Last Updated: July 29, 2026
GenMeds, PBC provides the content and services available on the Platform to you subject to the following terms and conditions, our Privacy Policy, and any other terms and conditions and policies which you may find throughout our Platform in connection with certain functionality, features or promotions, all of which are deemed a part of and included within these terms and conditions (collectively, these "Terms"). These Terms govern your access to and use of the Platform and any other applications, content, products, and services (collectively, the "Services") made available by GenMeds, PBC or its subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers (collectively, "GenMeds," "us," "we," or "our").
PLEASE CAREFULLY READ THESE TERMS. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
IMPORTANT NOTICE REGARDING ARBITRATION AGREEMENT: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING YOU TO RESOLVE ANY DISPUTE BETWEEN YOU AND GENMEDS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS, RATHER THAN IN COURT, AND REQUIRING YOU TO FORGO JURY TRIALS, CLASS, COLLECTIVE, AGGREGATE, REPRESENTATIVE, OR CONSOLIDATED ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND. YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES SET FORTH BELOW. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. Definitions
To keep the language precise, we use a few defined terms throughout these Terms. Each term below has the meaning stated here whenever it appears with initial capital letters.
- Platform — All websites (including genmeds.com), mobile applications, APIs, and communication channels controlled by GenMeds.
- Membership — The recurring cash-pay membership that provides access to a cardiometabolic risk assessment, asynchronous (and, where offered, synchronous) clinical consultations, and prescription and laboratory coordination.
- Medical Group — Bedrock Medical Group, P.A., a Florida professional corporation, and its contracted or affiliated practices, whose licensed Providers furnish all clinical care made available through the Platform.
- Provider — A physician, nurse practitioner, or other licensed clinician employed or contracted by the Medical Group who is licensed in the state where you are located.
- Technology Partners — Any technology and management-services platform that supports clinical operations, scheduling, prescribing and laboratory routing, and infrastructure for the Platform.
2. Acceptance & Incorporated Documents
These Terms are a binding contract between you and us. You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. You accept these Terms, together with the documents listed below, by clicking "I Agree," creating an Account, making a purchase, or using any part of the Services. These incorporated documents form part of the contract just as if set out in full:
- Privacy Policy
- Informed Consent & Telehealth Practice Agreement (governs the clinical relationship with the Medical Group)
3. Eligibility & Geographic Scope
The Services are offered and available only to users who are 18 years of age or older and reside in the United States or any of its territories or possessions, in a state where the Services are then available. By using the Services, you represent and warrant that you meet the foregoing eligibility requirements and will not attempt to access our Services from outside the United States, including by VPN or similar technology. If you are accessing or using the Services on behalf of an entity, you represent that you have the authority to bind the entity to these Terms.
4. Programs & Services
Program | What you get | How you pay |
|---|---|---|
Cardiometabolic Membership | A personalized cardiometabolic risk assessment, asynchronous clinician review and ongoing oversight, required labs, and prescription coordination (e.g., cholesterol-lowering and weight-management therapies where clinically appropriate). | Monthly (or annual) cash-pay membership; medication and laboratory charges billed separately. |
GenMeds itself does not practice medicine. All clinical care on the Platform is provided by licensed Providers employed or contracted by the Medical Group (Bedrock Medical Group, P.A.), who exercise independent professional judgment. GenMeds and its Technology Partners provide only non-clinical technology, administrative, and support services and do not direct or control the practice of medicine.
5. No Emergency Use
The Services are not appropriate for emergency or life-threatening conditions. The Services cannot respond to emergency or crisis situations. Do not use the Services for urgent or life-threatening issues. If you think you are experiencing a medical emergency — such as chest pain, severe shortness of breath, or uncontrolled bleeding — call 911 (or your local emergency number) or seek immediate assistance from emergency services.
6. Account Information and Security
In order to use certain Services, you must register for an account ("Account"). You represent and warrant that any information you provide in connection with your Account is current, true, accurate and complete, and that you will maintain and promptly update such information so that it is current, true, accurate, and complete at all times. You are responsible for: (a) keeping your Account confidential and secure; and (b) all activities that occur through your Account, whether or not you have authorized them. You may not sell, transfer or allow others to access or use your Account. You agree to update any change to your address or payment method within ten (10) days.
You are responsible and liable for all conduct that occurs through or in connection with your Account. Notify us immediately at support@genmeds.com if you suspect unauthorized use of your Account. We may require credential changes, enable additional controls, or take other steps to protect the Services. We will not be responsible for any loss or damage arising from your failure to comply with these Terms or from any activities that occur through your Account. We reserve the right in our sole and absolute discretion to suspend or terminate your Account and restrict your access to the Services if you do not comply with these Terms. In the event your Account is terminated for any reason, we shall be permitted to delete your Account and any and all information associated therewith.
7. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- in any way that violates any applicable federal, state, local, or international law or regulation (including export laws);
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
- to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation;
- to impersonate or attempt to impersonate GenMeds, our employees, another user, or any other person or entity;
- to harass, abuse, insult, harm, defame, slander, intimidate, discriminate, or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.
Additionally, you agree not to:
- use the Services, including any content on the Platform, to train, develop, improve, benchmark or otherwise support an algorithm, machine learning tool, or other artificial intelligence technology; or to conduct data mining;
- use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services;
- use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- use any device, software, or routine that could interfere with the proper working of the Services;
- introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services;
- attack the Services via a denial of service attack or a distributed denial of service attack;
- reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material found on the Services;
- delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services;
- use the Services to frame or utilize framing techniques to enclose the Platform or any portion thereof;
- republish, redistribute, transmit, sell, license, modify, or download the Platform or any Content (except caching or as necessary to view the Platform);
- make any use of the Services or any Content other than personal use;
- modify, reverse engineer or create any derivative works based upon either the Platform or any Content;
- collect account information for the benefit of yourself or another party;
- use any meta tags or any other "hidden text" utilizing any Content; or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation removing the offending content from the Services, suspending or terminating access rights or the Account of such violators, and reporting you to law enforcement authorities.
8. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this Platform is not accurate, complete, or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Platform is at your own risk. Historical information may not be current, and we reserve the right to modify the Platform's content at any time without obligation to update users. You agree that it is your responsibility to monitor changes to our Platform.
We make reasonable efforts to describe our services and offerings as accurately as possible. However, we do not guarantee that service descriptions, pricing, availability, or other content is error-free, complete, or current. This Platform may contain typographical errors or inaccuracies and may not be complete or current. GenMeds reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order, including as a result of incorrect pricing or availability. Full refunds will be provided for any cancelled orders.
9. AI Features
AI Features. The Services may include artificial intelligence features (the "AI Features"). You understand that use of the AI Features constitutes interactions with an automated system, not a human. The AI Features do not substitute for a licensed healthcare provider, and their outputs do not constitute medical or other professional advice, diagnoses, or treatment recommendations. You should not rely on the AI Features as a substitute for professional judgment. Always seek the advice of a qualified health professional with any questions regarding your health.
No Emergency or Crisis Use. The AI Features cannot respond to emergency or crisis situations. Do not use the Services, including the AI Features, for urgent or life-threatening issues. If you believe you are experiencing a medical emergency, call 911 (or your local emergency number) or seek immediate assistance from emergency services.
Informational Content. Content generated by the AI Features may be incomplete, outdated, or inaccurate due to the nature of machine learning and other factors. We do not warrant the accuracy, completeness, or usefulness of any AI-generated content. Any reliance you place on such information is strictly at your own risk. You agree to use your own discretion and, where appropriate, verify information before making decisions or changes to your health regimen.
Your Responsibilities. You are responsible for your inputs to the AI Features and for how you use any outputs. You agree that your use of the AI Features will comply with these Terms and with applicable law. Without limiting the foregoing, you will not use the AI Features to submit unlawful, harassing, infringing, or harmful content, and you will not attempt to interfere with, disrupt the operation of, or encourage, solicit, or prompt unintended, infringing, or otherwise problematic behaviors in the AI Features or the Services.
Our Use of AI Interactions. Information you share with the AI Features will be used to provide and improve the Services, in accordance with our Privacy Policy. Please do not share information that is unnecessary for your use of the Services. We may review AI Features interactions to operate, maintain, and improve the Services, including by using aggregated or de-identified information, consistent with the Privacy Policy.
Relationship to Disclaimers and Limits of Liability. This Section operates in addition to, and not in lieu of, the "Disclaimer of Warranties; Limitation of Liability" and other provisions of these Terms.
10. Payments, Subscriptions & Refunds
10.1 Authorization
You agree to pay us, through our payment processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. By adding a credit or debit card, you authorize GenMeds (through our payment processor) to charge all membership, medication, and laboratory fees. You confirm that any payment method you use is valid and that you have the authority to authorize charges on that Account. Sales tax will be added to the price of purchases as required. All payments will be made in U.S. dollars. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received. All Services are cash-pay; GenMeds, the Medical Group, and the Technology Partners do not bill insurance or any federal or state health care program.
10.2 Membership Billing & Auto-Renewal
Memberships are billed on a recurring basis according to the plan selected at checkout. Each membership automatically renews at the end of its billing cycle at the then-current rate unless canceled before the renewal date. We may change membership prices with thirty (30) days' prior written notice to the email on file. If you do not agree to the new price, you must cancel before it takes effect; otherwise continued use constitutes acceptance.
10.3 Cancellation
You may cancel your membership at any time via your Account or by contacting support@genmeds.com. Cancellation takes effect at the end of the current billing period; you retain access through the remainder of your paid period. No partial refunds are issued for the unused portion of a billing cycle, except where required by law.
10.4 Bill Inquiries and Refunds
If you believe you have been billed in error for a membership, please notify us within thirty (30) days of the billing date by emailing billing@genmeds.com. No refunds or credits after the expiration of this thirty (30) day period will be issued, except where required by applicable law. Except where prohibited by law or stated otherwise, fees become non-refundable once a licensed Provider has reviewed your medical intake or once medication has shipped. Shipping and handling fees are non-refundable after dispatch.
10.5 Promotional Offers
From time to time we may offer promo codes or introductory trials. Promotions are limited to the term stated in the offer and automatically convert to the then-current standard rate unless canceled before the promotional period ends.
10.6 Modifications to Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.
11. Messaging Terms
GenMeds uses text messaging to send account, onboarding, appointment, order, and service updates, and, with your separate consent, marketing messages about GenMeds products and services.
If you opt in to SMS messaging, you expressly consent to receive recurring, autodialed text messages (SMS/MMS) from GenMeds at the mobile telephone number you provide. Transactional and account-related messages and marketing messages are separate programs with separate opt-ins: you will only receive marketing text messages if you separately and expressly opt in to receive them, and marketing messages may be sent using an automatic telephone dialing system. Consent to receive marketing text messages is not a condition of any purchase or of receiving any product or service. Message and data rates may apply.
Message frequency will vary. GenMeds reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. GenMeds also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. GenMeds, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Message and data rates may apply. You can cancel at any time by texting STOP and obtain help by texting HELP. Consent to marketing texts is not a condition of purchase. For help, reply HELP to any message or contact us at support@genmeds.com.
12. Personal Information
Your submission of personal information through the Platform is governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy for details about our personal information practices.
13. Intellectual Property & DMCA
All information and content available on the Platform and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. The "GenMeds" name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission.
Except as set forth in the limited license below, neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for your personal, non-commercial use only. No right, title, or interest in or to the Services or any content is transferred to you, and all rights not expressly granted are reserved by us.
If you believe content infringes your copyright, please send a DMCA notice to dmca@genmeds.com or to GenMeds, ATTN: DMCA Agent, 2929 Arch Street, Suite 801, Philadelphia, PA 19104, providing: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to allow GenMeds to locate the material; (d) your address, telephone number and email address; (e) a written statement of good faith belief that the disputed use is not authorized by the copyright owner; and (f) a statement, made under penalty of perjury, that the above information is accurate and that you are the exclusive copyright owner or authorized to act on the copyright owner's behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GenMeds a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C. § 512 for details. Such notices and counter-notices should be sent to:
GenMeds reserves the right to terminate the Account of any person who, more than twice, posts or transmits content that is removed as the result of a notice under this section.
14. User Contributions and Feedback
By submitting information through the Services ("User Contributions"), you grant us the irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license to use such User Contributions for the purpose of performing the Services for you and fulfilling our other obligations and exercising our rights under these Terms. We are under no obligation (a) to pay compensation for any User Contributions; or (b) to monitor, use, return, review, or respond to any User Contributions.
You represent and warrant that you own or otherwise control all rights, title and interest in and to such User Contributions, including all copyright and rights of publicity contained therein, and that your User Contributions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any User Contributions.
You may, at your sole discretion, provide input, comments, or suggestions regarding the Services ("Feedback"). Feedback is nonconfidential and shall become the sole property of GenMeds. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby irrevocably assign to us all of your right, title and interest in and to all Feedback, including intellectual property rights.
15. Third-Party Links
The Services may display or link to websites, content, or services that are not owned, managed, or controlled by us ("Third-Party Materials"). We do not endorse, monitor, review, or assume any responsibility for Third-Party Materials. Access to and use of Third-Party Materials is at your own discretion and risk. We are not responsible for any issues arising from or relating to your use of or reliance on Third-Party Materials.
16. Disclaimer of Warranties; Limitation of Liability
WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT, OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE PLATFORM WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SERVICES, OR ANY PRODUCT MADE AVAILABLE ON OR THROUGH THE SERVICES.
THE SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL OR WRITTEN ADVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HERE.
YOU AGREE THAT NEITHER WE NOR OUR PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PLATFORM; (C) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE PLATFORM; (E) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR PARTNERS OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SERVICES OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SERVICES OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provisions concerning the exclusion or limitation of certain damages in these Terms are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
17. Indemnification
You agree to defend, indemnify, and hold harmless GenMeds and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of: (a) your use of the Services in violation of any law, rule, regulation or these Terms; or (b) any part of your User Contributions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
18. Dispute Resolution: Binding Individual Arbitration; Class Action & Jury Trial Waiver ("Arbitration Agreement")
Mandatory Binding Arbitration of Disputes. You and GenMeds agree that, subject to limited exceptions specified in this Arbitration Agreement, all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms or this Arbitration Agreement, the Services, or any aspect of the relationship between you, on the one hand, and GenMeds, on the other hand, or the breach, termination, enforcement, interpretation, or validity of these Terms or this Arbitration Agreement (collectively, "Disputes"), whether such Disputes arose before, on, or subsequent to you entering these Terms, will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"), instead of in a court in any jurisdiction by a judge or jury. You and GenMeds agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding this Arbitration Agreement, you and GenMeds each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Class Action/Jury Trial Waiver. You and GenMeds agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. Unless both you and GenMeds agree in writing or unless otherwise permitted by this Arbitration Agreement, each party may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. If the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If the foregoing Class Action/Jury Trial Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement section shall be null and void, and you and GenMeds shall be deemed not to have agreed to arbitrate Disputes. This Arbitration Agreement shall survive any termination of these Terms.
Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending us a written opt-out notice ("Opt-Out Notice") within thirty (30) days following the date you first agree to these Terms by mail at GenMeds, 2929 Arch Street, Suite 801, Philadelphia, PA 19104, ATTN: Legal, or by email at legal@genmeds.com. If mailed, the Opt-Out Notice must be postmarked no later than thirty (30) days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
Rules and Procedures. In the event of a Dispute, you and we each agree to send the other party a written notice of Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested ("Notice of Dispute"). You must send any Notice of a Dispute by mail at GenMeds, 2929 Arch Street, Suite 801, Philadelphia, PA 19104, ATTN: Legal, or by email at legal@genmeds.com. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and we agree to attempt to resolve any Dispute through informal negotiation within thirty (30) days after the Notice of Dispute is received. After the end of that thirty (30) day period and not before, you or us may commence an arbitration proceeding as set forth in this Arbitration Agreement. Notwithstanding the foregoing, our and your right to bring an individual action in small claims court shall not require an attempt to first resolve the relevant Dispute through informal negotiation.
If the parties cannot resolve the Dispute informally, you and we each agree that all Disputes shall be resolved exclusively through individual arbitration, as provided in this Arbitration Agreement. The arbitration will be administered by JAMS under its applicable rules and procedures, including any supplementary rules and fee schedules then in effect ("JAMS Rules"), except as modified by these Terms. The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267.
A party who wishes to start arbitration must submit a written demand for arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. You can contact JAMS for more information on how to commence an arbitration proceeding at www.jamsadr.com or 1-800-352-5267. Any arbitration hearings will take place in Delaware, where we reside, in the city or county wherein you reside, or at another mutually agreed location (including by telephone or remote means).
It is the intent of the parties that the JAMS Rules and the U.S. Federal Arbitration Act ("FAA") shall preempt all state laws to the fullest extent permitted by law. If the JAMS Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of Delaware, without regard to its choice or conflict of law provisions.
Mass Arbitration
In the event that 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, the following additional terms in this paragraph shall apply and the parties shall be deemed to have agreed to the application of JAMS Mass Arbitration Procedures and Guidelines available at https://www.jamsadr.com/mass-arbitration-procedures, as modified by this Arbitration Agreement. JAMS shall: (i) administer the arbitration demands in 20 batches, with the discretion to create additional batches if JAMS finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in JAMS Mass Arbitration Procedures Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. We reserve all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, or that an arbitration can proceed on a mass arbitration basis without the application of this paragraph, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and we shall be deemed not to have agreed to arbitrate Disputes.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Changes to Arbitration Agreement. Notwithstanding anything to the contrary in these Terms, if we change any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" above, or by not accessing or using the Services. The written notice must be provided either by mail at GenMeds, 2929 Arch Street, Suite 801, Philadelphia, PA 19104, ATTN: Legal, or by email at legal@genmeds.com. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
19. Force Majeure
GenMeds is not liable for any delay or failure to perform caused by events beyond reasonable control, including natural disasters, labor disputes, war, civil unrest, epidemics, or internet service disruptions.
20. Term and Termination
These Terms are in full force while you use the Services. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to suspend or terminate your access to or use of the Services for any breach of these Terms. Upon termination, you must cease all use of the Services.
21. Governing Law & Forum Choice
Your use of the Services shall be governed in all respects by the laws of the State of Delaware without regard to its choice of law provisions, including as if these Terms were a contract wholly entered into and wholly performed within Delaware. For any Dispute not subject to Section 18, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Services shall be in the state or federal courts located in New Castle County, Delaware. The Federal Arbitration Act governs the enforceability of the arbitration clause.
22. Updates to These Terms
We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on the Platform and/or providing notice of such change. Any changes are effective immediately upon posting to the Platform. Except as provided in Section 18, your continued use of the Services thereafter constitutes (a) your agreement to all such changed Terms and (b) your consent to those Terms for all claims brought after the date of the updated Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Services.
23. No Agency; No Waiver
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our right to require such performance at any time, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
24. Assignment; Severability; Entire Agreement
GenMeds may assign these Terms without notice; you may not assign without our prior written consent. Except as provided in Section 18, if any provision or portion thereof in these Terms is invalid or unenforceable or contrary to applicable law, such provision or portion thereof shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions and portions thereof of these Terms shall remain in effect. These Terms and any policies or operating rules posted by us on this Platform or with respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
25. Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at support@genmeds.com or by mail at GenMeds, 2929 Arch Street, Suite 801, Philadelphia, PA 19104.
26. Contact Information
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:
GenMeds, 2929 Arch Street, Suite 801, Philadelphia, PA 19104
Written correspondence may be sent to:
GenMeds, PBC, 2929 Arch Street, Suite 801, Philadelphia, PA 19104