Terms of Service

Last updated: January 5, 2025

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION. UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND CENTRAL COAST MEN’S HEALTH ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICES PROVIDED BY CENTRAL COAST MEN’S HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU FURTHER WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THE PROCESS TO OPT-OUT OF ARBITRATION CAN BE FOUND IN SECTION 19 BELOW.

 

1. Introduction

These Terms of Service (“Terms”) govern your use of the medical services, including the Telehealth Services described in more detail in Section 17 below, as well as the products (“Products”), medications (“Medications”), and other services collectively referred to as “Medical Services,” provided by Central Coast Men’s Health, Inc. (“Central Coast Men’s Health,” “we,” “us,” or “our”). These Terms also apply to all visitors to our website at www.ccmenshealth.com and related pages (the “Site”). Please read the Terms carefully before using the Medical Services or Site. By using the Medical Services or Site you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s guardian, conservator, or custodian, and as parent of a minor child Family Member, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.

Please refer to our Notice of Privacy Practices to learn how Central Coast Men’s Health collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA").

DO NOT use the Medical Services, including the Telehealth Services, for emergency or urgent medical matters. For all urgent or emergency matters that you believe may immediately affect your health, you must immediately call 911 or go to the nearest emergency room or urgent care facility.

2. Updates to the Terms of Service

We may modify these Terms from time to time. We will notify you of material changes by posting the amended terms on the Central Coast Men’s Health website at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Medical Services or Site before the effective date of the change. If you continue using the Medical Services or Site after the effective date, you will be bound by the updated Terms.

 

3. Permission to Treat

You give permission to the Central Coast Men’s Health healthcare service providers (each, a “Provider”) to medically care for you or another person on whose behalf you are accepting these Terms (such as your children or other family members) (“Covered Family Member”) and voluntarily consent to treatment, testing, and all other services performed by Providers at Central Coast Men's Health. You understand that you have the right to refuse to consent to any proposed care, testing, treatment, surgery, or procedure. You also understand that you have the right to ask questions and discuss your concerns with your healthcare provider.

You understand and agree that as part of providing Medical Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to an online personal health record and via communication with Central Coast Men’s Health’s healthcare team electronically (in accordance with our Notice of HIPAA Privacy Practices).

By consenting to this agreement, you acknowledge that the practice of medicine and surgery is not an exact science, and that diagnosis and treatment may cause injury or even death. You acknowledge that no guarantees have been made to you as to the outcome of your or your Covered Family Member’s care, examination, and/or treatment at Central Coast Men's Health.

You understand and agree that imagery and photography may be used during your visits with your healthcare provider in order to protect and authenticate your medical identity or may be added in a secure and HIPPA compliant fashion to your medical chart in order to document your medical condition.

You may withdraw this consent at any time by no longer seeking Medical Services from Central Coast Men’s Health or by writing to Central Coast Men's Health, 427 W Pueblo St, STE B, Santa Barbara, CA 93105, but that your revocation of consent will result in your no longer being able to receive care or treatment from Central Coast Men's Health.

4. Service Termination

You may terminate your use of the Medical Services at any time by not using the Medical Services any more. We may terminate your use of the Medical Services at any time in our reasonable discretion, for causes including, but not limited to, illegal conduct such as falsifying information to obtain controlled substances, abusive and threatening behavior, and continued refusal to pay for our services. We may terminate your use of the Medical Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you.

 

5. Release of Medical Information

You understand that Central Coast Men's Health maintains electronic documentation of your medical care and health records and has the duty to protect your information. This documentation typically includes information about your symptoms and health condition; results of physical examinations and diagnostic tests; a plan regarding future care and treatment; as well as demographic and photographic identifiers. Such individually identifiable information about you is protected health information (PHI) and, as such, will be used, shared, or disclosed only for the purpose of treatment, payment, and healthcare operations, or as required by law. Otherwise, your PHI will not be inspected or released without your specific authorization except in certain circumstances, which are outlined our Notice of HIPAA Privacy Practices.

The Notice of Privacy Practices outlines how your PHI may be used and disclosed. The Notice of Privacy Practices also details your rights to access, limit, obtain, and correct your medical and health care information, and your right to make a complaint if you feel your privacy rights have been violated. You understand that you may request a written copy of the Notice of HIPAA Privacy Practices  at any time and Central Coast Men's Health staff will provide it to you. You acknowledge you have been provided with an electronic copy of this document accessible through Central Coast Men's Health's website (https://www.ccmenshealth.com/notice-of-privacy-practices) and that that you have read, understood, and agree to the provisions of the document.

Additionally, you are aware that data and information concerning essential medical treatment and healthcare services rendered on your behalf may be disclosed, when necessary, to healthcare providers in emergent situations and/or to public and private health insurance plans in order to receive payment.

 

6. Your Financial Responsibility; Assignment of Benefits

You agree to pay Central Coast Men’s Health all applicable charges at the prices then in effect for the Medical Services provided to you or another person on whose behalf you are accepting these Terms and/or payment responsibility (such as your children or other family members) (“Covered Family Member”). You will be charged for the Medical Services, including complementary and alternative services provided to you or your Covered Family Member by a Central Coast Men’s Health healthcare service provider. You authorize Central Coast Men’s Health to charge your chosen payment method (your "Payment Method") for the Medical Services provided to you or your Covered Family Member. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. The third-party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of these Terms, and you agree to comply with all of those terms. Central Coast Men’s Health may accumulate charges that you’ve incurred for the Medical Services and submit them as one or more aggregate charges during or at the end of each billing cycle. Central Coast Men’s Health reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.

Medical Services include remote visits with our providers. Remote visits are scheduled just like an in-office visit and provide the same service experience, with the exception that the remote visit is conducted remotely over a secure video and audio connection rather than in person. Remote visits are billable just like an in-office visit, at the same fee that would be billed to such a visit if it was conducted in person. For the avoidance of doubt, your financial responsibility and assignment of benefits described above apply to remote visits as well.

You acknowledge that Central Coast Men's Health may release information concerning your treatment and the services it renders to you if doing so is necessary for public and private health insurance plan reimbursement. You authorize Central Coast Men's Health to release any medical, psychiatric, and substance dependency information necessary for processing claims. You permit a copy of this authorization to be used in place of the original. You request that payment under your medical insurance be made directly to Central Coast Men's Health. If you have health insurance accepted by Central Coast Men's Health, our billing office will first bill your insurance carrier. If your insurance plan doesn't cover a service or procedure or doesn't cover the entire cost, you will be responsible for the fees that are not covered. You understand you are responsible for charges not paid by your insurance carrier, unless the carrier and Central Coast Men's Health have agreed otherwise. You are fully aware that it is your responsibility as the patient to know of your insurance benefits beforehand (Copayments, Coinsurance, Deductibles, Out of Pocket, etc.). Any charges after billing insurance will be made aware to you as a courtesy. For any disputes, you will direct your calls to the insurance carrier directly. If Central Coast Men’s Health does not accept your insurance, you agree to pay the current cash pay rate as set by Central Coast Men’s Health for all services related to your care rendered by our Providers, staff and ancillary services such as laboratory and pharmacy services provided by third parties.

Central Coast Men's Health accepts cash, checks, and all major credit cards. We assess a $25 service charge for each returned check.

 

7. Prior Authorizations

We understand that many medications and surgical procedures require prior authorizations with your insurance. Please know that prior authorizations often take a considerable amount of time and resources to complete and are not covered by fees collected for evaluation and management of health conditions by Providers both in office and via telehealth. We reserve the right to charge a $50.00 fee to cover administrative costs related to prior authorizations. The prior authorization fee is an administrative fee for processing and coordination services and is not a charge for medical evaluation or treatment.

 

8. Appointments: Missed/Late Cancellation

You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 48 hours’ notice, we may charge you a fee for a missed/late cancelled appointment. We kindly ask for a minimum 48 hour notice (or longer if possible) if you cannot keep your scheduled appointment so that we may fill that opening. We reserve the right to charge a $100.00 missed office or telehealth appointment fee and $200 for in-office procedures if not cancelled at least 48 hours prior to your appointment. There is a variable fee for cancelled scheduled surgical procedures at outside facilities depending on length of time prior to your surgery (please see the Surgical Financial Policy Consent form for your surgical procedure scheduled at an outside facility). These fees reflect the administrative and operational costs incurred as a result of the missed or late-canceled appointments and procedures and are not punitive in nature.

 

9. Credit Card on File

For your convenience, we have implemented a policy which enables you to maintain your credit or debit card (“Card”) information on file with us. This information will be securely held to cover future charges and additional fees. The conditions of these Terms in no way compromises your ability to dispute a charge or question your insurance company’s determination of payment. You hereby authorize Central Coast Men's Health to keep your Card information on file for payment of any and all charges for medical services for which you are financially responsible and that remain unpaid after applying insurance payments and adjustments, if any.

 

10. Subscription Terms

Some of our Products and/or Services may be available on a subscription basis. By enrolling in subscription services, you agree to pay for a minimum of three consecutive months of service. If you purchase a subscription to a Product or Service, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. You may cancel (after your initial commitment has concluded) by contacting Central Coast Men’s Health at contact@ccmenshealth.com with your cancellation request, calling (805) 392-8700 with your cancellation request or by managing your subscriptions through your online payment portal.

You may review your selected subscription terms at any time by logging into your account.  Central Coast Men’s Health may change the price for your subscriptions, from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by not canceling your subscription after receiving notice of the change, and continuing to use Central Coast Men’s Health Products or Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Product or Services prior to the price change going into effect.

 

11. Risk of Loss

All Products and Medications delivered to you are fulfilled by third party suppliers and pharmacies and delivered by mail delivery carriers. The risk of loss and title for such Products and Medications pass to you when they are delivered to the carrier.

 

12. Telephone Consumer Protection Act (TCPA) Consent

Active communication with our patients is a key element in providing high quality health care services. To that end, Central Coast Men’s Health desires to communicate timely information regarding health care services and functions to you in the most effective means possible, including via automated telephone, email and text messaging. Federal law requires that we obtain your consent prior to communicating with you via these means.

By accepting these terms, you authorize Central Coast Men’s Health or other authorized third-party providers the use of your personal information, the name of your care provider, the time and place of your scheduled appointment(s), and other limited information, for the purpose of notifying you of a pending appointment, a missed appointment, overdue wellness exam, balances due, lab results, or any other healthcare or marketing related function. You consent to receiving multiple messages per day from your healthcare provider, when necessary, and you consent to allowing messages to be left on your voice mail, answering system, or with another individual, if you are unavailable at the number provided by you. You also authorize any of Central Coast Men’s Health’s independent contractors, agents and/or affiliates to contact you through the use of any dialing equipment or an artificial intelligence (“AI”) assisted artificial voice or prerecorded voice or other messaging system, at any telephone number associated with your account including wireless telephone numbers, provided by you or found by means of skip tracing methods even if you are charged for the call, as well as through any email address or other personal contact information supplied by you. You expressly consent to receiving any such automated calls. You understand that, depending on your plan, charges may apply to certain calls or text messages. You also understand that communication platforms may transmit information via unsecure methods which includes a risk that the information could be viewed by an unintended third party. You understand these risks and consent to having these communications sent unsecure.

 

13. Consent to Obtain Patient Medication History

Patient medication history is a list of prescriptions that healthcare providers have prescribed for you. A variety of sources, including pharmacies and health insurers, contribute to the collection of this history. The collected information is stored in the practice electronic medical record system and becomes part of your personal medical record. Medication history is very important in helping providers treat your symptoms and/or illness properly and avoid potentially dangerous drug interactions. It is very important that you and your provider discuss all your medications in order to ensure that your recorded medication history is 100% accurate. Some pharmacies do not make prescription history information available, and your medication history might not include drugs purchased without using your health insurance. Also over-the-counter drugs, supplements, or herbal remedies that you take on your own may not be included. You give your permission to allow your healthcare provider to obtain your medication history from your pharmacies, your health plans, and your other healthcare providers.

 

14. Consent to Electronic Communications

You agree that Central Coast Men’s Health may send the following to you by email or by posting them on our website and mobile application: legal disclosures; these Terms, Notice of HIPAA Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services. You agree that Central Coast Men’s Health may contact you via secure messaging, email, phone, text, or mail regarding the Medical Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.

If you later decide that you do not want to receive certain future communications electronically, please send an email to contact@ccmenshealth.com or a letter to Central Coast Men’s Health, 427 W Pueblo St Ste B, Santa Barbara, CA 93105. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Central Coast Men’s Health. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

Central Coast Men’s Health will need to send you certain communications electronically regarding the Medical Services. You will not be able to opt out of those communications – e.g., communications regarding updates to these Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and accepted by, you.

 

15. Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OR INABILITY TO USE THE MEDICAL SERVICES.

The Medical Services are intended for use only within the United States and its territories. We make no representation that the Medical Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Medical Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

For California patients, the state of California requires that physicians in California share notice of the Open Payments database. The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.

 

16. Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE MEDICAL SERVICES OR FROM THE USE OF OR INABILITY TO USE THE MEDICAL SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

17. Telehealth Services and Permission

Central Coast Men’s Health may provide certain Telehealth (defined below) services to you (the "Telehealth Services"). You consent to receive emails or other electronic communications from Central Coast Men’s Health pertaining to your care and your health, which may include Protected Health Information. You understand that virtual encounters via phone, email, video, or otherwise, could involve, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters may involve care by a variety of Providers, including Physicians, Registered Nurses, Nurse Practitioners, Physician Assistants, Nutritionists, Naturopathic Doctors, Therapists, and other support or medical personnel.

You give permission to Central Coast Men’s Health and the Telehealth Services Providers to record and process your personal details and medical data. You may withdraw these permissions at any time by no longer seeking Telehealth Services from Central Coast Men’s Health.

"Telehealth" is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. Further, you understand that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Telehealth Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. If your health or medical problem or condition persists after use of Telehealth Services, you will immediately contact your medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.

 

18. Governing Law and Jurisdiction
These Terms and any disputes arising out of or relating to them or the Medical Services will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. However, to the extent that arbitration is required under Section 18, the Federal Arbitration Act (FAA) shall govern the arbitration process. For any disputes not subject to arbitration under Section 18, or for judicial proceedings ancillary to arbitration (such as the enforcement of arbitration awards), you agree to submit to the exclusive jurisdiction of the courts located in Santa Barbara County, California.

19. Arbitration Agreement

19.1 Agreement to Arbitrate

By agreeing to these Terms, you and Central Coast Men’s Health, Inc. (“Central Coast Men’s Health”) agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Medical Services, or the relationship between you and Central Coast Men’s Health shall be resolved exclusively through binding arbitration, rather than in court, except as provided below. Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. Arbitration allows for more limited discovery than in court and is subject to very limited review by courts. However, an arbitrator can award the same damages and relief on an individual basis that a court can award.

19.2 Exceptions to Arbitration

This Arbitration Agreement does not apply to:

  • Claims that are within the jurisdiction of California’s small claims court.

  • Claims related to allegations of sexual harassment or sexual assault.

  • Any disputes that, as a matter of law, cannot be subject to arbitration.

19.3 Arbitration Procedures

  • The arbitration shall be conducted by the American Arbitration Association (AAA) or a similar reputable arbitration provider, under its Consumer Arbitration Rules or other applicable rules agreed upon by the parties. These rules are available at www.adr.org or by calling the arbitration provider.

  • The arbitration shall be conducted in the county where you reside, unless both parties agree to a different location.

  • Each party shall bear its own legal costs and fees unless otherwise required by law or the arbitrator’s award.

19.4 Waiver of Jury Trial

By agreeing to this Arbitration Agreement, you and Central Coast Men’s Health acknowledge and agree to waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Central Coast Men’s Health agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

19.5 Governing Law

The Federal Arbitration Act (FAA) shall govern the interpretation and enforcement of this Arbitration Agreement. However, to the extent California law applies to substantive claims, the arbitrator shall apply California substantive law consistent with the FAA.

19.6 Severability

If any portion of this Arbitration Agreement is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect, except that if the waiver of class or representative actions is found to be unenforceable, this entire Arbitration Agreement shall be null and void.

19.7 Opt-Out Provision

You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to contact@ccmenshealth.com or to Central Coast Men’s Health, 427 W Pueblo St Ste B, Santa Barbara, CA 93105, within 30 days of first accepting these Terms. Your decision to opt out will not affect your other rights or obligations under these Terms.

20. Waiver of California Civil Code § 1542
You expressly acknowledge that you have read and understand Section 1542 of the California Civil Code, which provides:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, and that, if known by them, would have materially affected their settlement with the debtor or released party."

You expressly and voluntarily waive any rights or benefits conferred by Section 1542 or any similar law of any jurisdiction and acknowledge that this waiver is an essential term of this agreement. This means you agree to release all claims, including those you may not know or suspect to exist at the time of agreeing to these terms.

 

21. Paperless Statements

Central Coast Men's Health sends paperless statements via the patient portal. You consent to the use of paperless statements in place of mailed paper statements. You understand that if you would like to receive paper statements you must request this in writing to Central Coast Men's Health, 427 W Pueblo St, STE B, Santa Barbara, CA 93105.

 

22. Patient Rights and Responsibilities

You acknowledge that your healthcare is a partnership between Central Coast Men's Health and you, and you agree to actively participate and to accept both your role and responsibilities with regard to your healthcare decisions.

 

23. Disclaimer of Warranties

CENTRAL COAST MEN’S HEALTH 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, INFORMATION CONTAINED WITHIN THE SITE, OR ANY SITE-RELATED SERVICE OR PRODUCT, 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. CENTRAL COAST MEN’S HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE, SERVICES, OR PRODUCTS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND PRODUCTS, AND LINKED WEBSITES. CENTRAL COAST MEN’S HEALTH 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.

 

24. Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

CENTRAL COAST MEN’S HEALTH AND ANY THIRD PARTIES MENTIONED ON THIS 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, PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, 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, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF CENTRAL COAST MEN’S HEALTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE 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.

 

25. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, pandemics, public health crisis, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

26. Indemnification

You agree to defend, indemnify, and hold harmless Central Coast Men’s Health and any affiliates 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, Products, Services, Medications or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Central Coast Men’s Health or any Provider or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, Medications or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

 

27. General Provisions

  • These Terms make up the entire agreement relating to your use of the Medical Services and Site and supersede all prior agreements relating to the subject matter hereof.

  • We may change, suspend, or discontinue any of the Medical Services at any time. We will try to give you prior notice of any material changes to the Medical Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Medical Services.

  • We may change, suspend, or discontinue any of our partnerships, including health system partnerships, at any time.

  • These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. Central Coast Men’s Health may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

  • Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will survive such termination.

 

28. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision will be deemed severed, and the remainder of the terms will continue in full force and effect.

 

The physicians and staff of Central Coast Men's Health are committed to providing you with the best possible service. A clear understanding of our office policy is important to our professional relationship. If you have any questions about these Terms of Service, please contact contact@ccmenshealth.com.