Terms of Use

1. Agreement to These Terms

These Terms of Use ("Terms") are a legally binding agreement between you ("you," "your," or "User") and Optimal Health Network LLC, a Delaware limited liability company located in Lewes, Delaware, doing business as Urgent Care Online (also known as Urgent-Care-Online), the owner and operator of Urgent-Care-Online.com (together with its affiliates, successors, and assigns, "Urgent Care Online," the "Company," "we," "us," or "our"). References to "Urgent Care Online" in these Terms include Optimal Health Network LLC, Urgent-Care-Online, and Urgent-Care-Online.com. These Terms govern your access to and use of:

• the website located at Urgent-Care-Online.com and all subdomains, landing pages, and successor sites (the "Site");
• any form, questionnaire, offer, or advertisement presented by Urgent Care Online on the Site or on third-party websites operated by our marketing and co-registration partners ("Partner Forms");
• all telephone, text-message (SMS/MMS), email, chat, and other communications with us; and
• all lead-matching, referral, insurance-verification, scheduling-assistance, and related services we make available (collectively with the Site and Partner Forms, the "Services").

By accessing or using the Services, clicking "I Agree," "Submit," "Get My Results," or a similar button, checking a box referencing these Terms, or otherwise providing information to us, you (a) acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (which is incorporated by reference), and (b) represent that you meet the eligibility requirements in Section 2. If you do not agree, you must not access or use the Services.

We may modify these Terms as described in Section 20. Supplemental terms may apply to specific features and will control in the event of a conflict with these Terms as to those features.

2. Eligibility

The Services are offered solely to individuals who are (a) at least eighteen (18) years of age, (b) residents of the United States, and (c) legally capable of entering into binding contracts. By using the Services you represent and warrant that you satisfy each requirement. If you are using the Services on behalf of another adult (for example, a spouse or parent), you represent that you have that person's authorization to provide their information and to agree to these Terms on their behalf, and you agree to indemnify us for any claim arising from a lack of such authorization.

3. Nature of the Services — Important Disclaimers

3.1 We Are a Marketing and Referral Service

Urgent Care Online operates an online marketing, lead-generation, and referral platform. We collect information from consumers who have expressed interest in urgent care, telehealth, health insurance, and related health and wellness products and services and connect them with third-party clinics, telehealth companies, physicians, insurers, insurance agents and agencies, and other businesses ("Partners"). We are compensated by Partners for referrals, and the Partners to whom you are referred may be selected in part on the basis of that compensation. The Services are provided to you free of charge unless expressly stated otherwise.

3.2 We Are Not a Healthcare Provider

Urgent Care Online is not a medical practice, clinic, hospital, urgent care facility, telehealth provider, pharmacy, laboratory, or licensed healthcare professional, and we do not employ or contract with physicians to treat users. We do not practice medicine or any other licensed profession, and no physician-patient, provider-patient, or other professional relationship is created between you and Urgent Care Online by your use of the Services. Any provider to whom you are referred is an independent third party solely responsible for the care it delivers.

3.3 No Medical Advice; Emergencies

Nothing on the Site or in any communication from us constitutes medical advice, diagnosis, or treatment, and no content should be relied upon as a substitute for the advice of a qualified healthcare professional. Content is provided for general informational and marketing purposes only. Never disregard or delay seeking professional medical advice because of something you read or heard through the Services. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS.

3.4 We Are Not an Insurer, Insurance Agency, or Health Plan

Unless we expressly state otherwise in writing, Urgent Care Online is not an insurance company, health plan, insurance agent, broker, navigator, or enrollment entity and does not sell, underwrite, bind, or administer insurance. Insurance information provided through the Services is general in nature and is not a quote, offer, or guarantee of coverage, rates, or eligibility. Licensed Partners are solely responsible for any insurance advice, quotes, or enrollment.

3.5 No HIPAA Relationship

Unless we have executed a separate written Business Associate Agreement, Urgent Care Online is not a "covered entity" or "business associate" under HIPAA, information you provide to us is not "protected health information," and HIPAA does not govern our handling of it. Our handling of your information is governed by our Privacy Policy and applicable consumer privacy laws.

3.6 No Guarantee of Match, Availability, Price, or Outcome

We do not guarantee that we will match you with any Partner; that any Partner will contact you, accept you as a patient or customer, have availability, accept your insurance, or offer any particular price, service, or appointment time; or that any product or service obtained from a Partner will meet your needs. Wait times, pricing, provider credentials, hours, and other information displayed on the Site are supplied by Partners or third-party sources, may be outdated or inaccurate, and are not independently verified by us.

4. Partners and Third Parties

Partners are independent businesses that are not owned, operated, controlled, or supervised by Urgent Care Online. We make no representation or warranty regarding, and expressly disclaim all responsibility and liability for, the qualifications, licensure, conduct, products, services, pricing, billing, communications, privacy practices, data security, or legal compliance of any Partner, or for any injury, loss, or damage arising from any interaction, transaction, treatment, or relationship between you and a Partner. Any agreement you enter into with a Partner is solely between you and that Partner. Your sole remedy for any dispute with a Partner is against that Partner.

The Site may contain links to third-party websites, apps, and resources. We provide them for convenience only, do not endorse them, and are not responsible for their content, accuracy, availability, or practices. Your use of third-party sites is at your own risk and subject to their terms.

5. Your Representations and Obligations

You represent, warrant, and agree that:

1. All information you provide to us is true, accurate, current, and complete, and you will promptly update it if it changes.
2. You are the regular user and subscriber of, or are otherwise authorized to provide, every telephone number and email address you submit, and you will notify us immediately at donotcall@urgent-care-online.com if you relinquish or transfer any number you provided.
3. You are seeking information for yourself or for another adult who has authorized you to act on their behalf.
4. You will use the Services only for lawful, personal, non-commercial purposes consistent with these Terms.
5. You are not a competitor, lead generator, data broker, telemarketer, attorney, or investigator accessing the Services to test, probe, or manufacture claims, and you are not submitting information for the purpose of generating or asserting a claim under the Telephone Consumer Protection Act or any similar law.

6. Consent to Communications

6.1 Prior Express Written Consent

When you submit a form on the Site or a Partner Form, check the consent box, and/or click the submit button beneath the consent disclosure, you provide your electronic signature and prior express written consent under the Telephone Consumer Protection Act, 47 U.S.C. § 227, its implementing regulations, and applicable state law, for Urgent Care Online and the Partners identified in the disclosure to contact you at the telephone number(s) and email address(es) you provided — including by (a) live operator; (b) automatic telephone dialing system or other automated dialing technology; (c) artificial, prerecorded, or AI-generated voice; (d) SMS and MMS text message, including recurring automated messages; and (e) email — for marketing, informational, and transactional purposes related to your inquiry, even if your number is listed on any federal, state, or internal Do-Not-Call registry.

Your consent is not a condition of purchasing or receiving any product or service. You may obtain the Services without providing this consent by emailing support@urgent-care-online.com. Message and data rates may apply; message frequency varies.

6.2 Evidence of Consent

You agree that our electronic records of your consent — including the disclosure text displayed, the date and time of submission, your IP address and device information, the URL of the form, and any third-party consent certificate (for example, TrustedForm or Jornaya) — constitute conclusive evidence of your consent and are admissible in any proceeding, and you waive any objection to their authenticity.

6.3 Revocation

You may revoke consent at any time by any reasonable means, including replying STOP to any text, telling a representative, emailing donotcall@urgent-care-online.com, or using the form at https://www.urgent-care-online.com/do-not-call. We will honor revocation within ten (10) business days or any shorter period required by law. Revocation is prospective only and does not affect the validity of communications made before it is processed. You may need to separately revoke consent with Partners who received your information before your revocation.

6.4 Call Recording

Calls with Urgent Care Online may be monitored and recorded. By continuing a call after notice of recording, you consent to such recording.

6.5 Electronic Communications and E-SIGN Consent

You consent to receive all notices, disclosures, agreements, and other communications from us electronically, by email, text message, or posting on the Site, and you agree that electronic communications satisfy any legal requirement that such communications be in writing. You may withdraw this consent by contacting us, in which case we may be unable to provide the Services. To access electronic communications you need a device with Internet access, a current browser, a valid email address, and software capable of viewing PDF files.

7. Insurance Verification

If you provide insurance information or request an eligibility check, you authorize Urgent Care Online and its service providers to transmit your information to insurers, health plans, government programs, and eligibility clearinghouses to verify coverage, and you authorize those entities to return coverage information to us. Eligibility and benefits information is provided "as is" for informational purposes only, may be incomplete, inaccurate, or outdated, and does not constitute a guarantee of coverage, payment, network status, or cost. You are solely responsible for confirming coverage and cost directly with your insurer and provider before receiving services, and we shall have no liability for any charge, denial, or financial consequence arising from reliance on eligibility information obtained through the Services.

8. Prohibited Conduct

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

• submit false, misleading, or fraudulent information, or information belonging to another person without authorization;
• use any robot, spider, scraper, bot, script, or automated means to access, submit forms to, or extract data from the Services;
• reverse engineer, decompile, or attempt to discover the source code of the Site;
• interfere with the security, integrity, or performance of the Services or circumvent any access controls;
• use the Services to harvest contact information, build databases, or for any competing lead-generation or marketing purpose;
• impersonate any person or entity or misrepresent your affiliation;
• transmit viruses, malware, or harmful code;
• use the Services in violation of any applicable law, regulation, or third-party right; or
• frame, mirror, or deep-link to any portion of the Site without our prior written consent.

We may investigate and take any legal action we deem appropriate in response to violations, including suspending or terminating your access and referring matters to law enforcement.

9. Intellectual Property

9.1 Our Content

The Site and Services, including all text, graphics, logos, images, software, forms, questionnaires, designs, compilations, data, and the selection and arrangement thereof ("Content"), are owned by or licensed to Urgent Care Online and are protected by United States and international copyright, trademark, trade dress, trade secret, and other intellectual property laws. "Urgent Care Online," "Urgent-Care-Online," "Urgent-Care-Online.com," our logos, and all related names, slogans, domain names, and designs are trademarks, trade names, or trade dress of Optimal Health Network LLC and may not be used without our prior written permission. Nothing in these Terms grants you any right, title, or interest in the Content or our marks.

9.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial use. All rights not expressly granted are reserved.

9.3 Feedback

If you submit suggestions, ideas, or feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose without compensation or attribution.

9.4 Copyright Infringement Claims

If you believe Content on the Site infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated Copyright Agent at dmca@urgent-care-online.com or by mail to Copyright Agent, Urgent Care Online, 16092 Coastal Highway, Lewes, Delaware 19958. We may terminate the access of repeat infringers.

10. Privacy

Our collection, use, and disclosure of information about you are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services you acknowledge the practices described in the Privacy Policy, including that we may transmit your information to Partners for compensation and that we may obtain your information from co-registration partners.

11. Testimonials, Reviews, and Site Content

Testimonials, reviews, ratings, and statements displayed on the Site reflect the individual experiences and opinions of the persons providing them, may have been compensated, may have been edited for length or clarity, and are not representative of all experiences or a guarantee of any result. Provider listings, descriptions, and "featured" designations may be influenced by compensation received from Partners.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE, ALL CONTENT, AND ALL INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING FROM PARTNERS) ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. URGENT CARE ONLINE AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AFFILIATES, AND PARTNERS (COLLECTIVELY, THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) ANY CONTENT, ELIGIBILITY INFORMATION, PRICING, OR PROVIDER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT; (C) YOU WILL BE MATCHED WITH OR CONTACTED BY ANY PARTNER; (D) ANY PARTNER IS LICENSED, QUALIFIED, IN-NETWORK, OR SUITABLE; OR (E) ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY PARTIES OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions the foregoing exclusions apply to the fullest extent permitted by law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, MEDICAL EXPENSE, INSURANCE DENIAL, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT, CONTENT, PRODUCT, SERVICE, TREATMENT, ADVICE, BILLING, OR COMMUNICATION OF ANY PARTNER OR OTHER THIRD PARTY; (C) ANY ELIGIBILITY, COVERAGE, PRICING, OR PROVIDER INFORMATION; (D) ANY COMMUNICATION MADE TO YOU IN RELIANCE ON YOUR CONSENT OR ON INFORMATION YOU PROVIDED; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES — IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO URGENT CARE ONLINE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (US $100.00).

THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND URGENT CARE ONLINE, AND THE SERVICES WOULD NOT BE PROVIDED WITHOUT THEM. THEY APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation of liability for certain damages; in such jurisdictions the Company Parties' liability is limited to the fullest extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms or any applicable law; (c) any information you provide, including your provision of a telephone number or email address that you are not authorized to use or that is later reassigned; (d) any claim that communications made to a number or address you provided were unauthorized or unlawful; (e) your violation of any third-party right; (f) your interactions or transactions with any Partner; or (g) your negligence or willful misconduct. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You may not settle any claim without our prior written consent.

15. Release

To the fullest extent permitted by law, you release and forever discharge the Company Parties from any and all past, present, and future claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with a Partner or other third party encountered through the Services. If you are a California resident, you waive California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

16. Dispute Resolution — Binding Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

16.1 Informal Resolution First

Before initiating arbitration or any other proceeding, you and Urgent Care Online agree to attempt to resolve any Dispute (defined below) informally. You must send a written Notice of Dispute to legal@urgent-care-online.com with the subject line "Notice of Dispute," or by mail to Urgent Care Online, Attn: Legal, 16092 Coastal Highway, Lewes, Delaware 19958, including your name, address, telephone number(s) at issue, email, a detailed description of the Dispute, and the specific relief sought, personally signed by you. We will send any Notice of Dispute to the contact information you provided. The parties shall then meet and confer in good faith, by telephone or videoconference, within sixty (60) days of receipt of the Notice. Completion of this informal process is a condition precedent to initiating arbitration or litigation, and any applicable statute of limitations shall be tolled during the process. A court of competent jurisdiction may enjoin the filing or prosecution of any arbitration or proceeding in which this requirement has not been satisfied.

16.2 Agreement to Arbitrate

Except as provided in Section 16.6, you and Urgent Care Online agree that any dispute, claim, or controversy of any kind arising out of or relating in any way to these Terms, the Privacy Policy, the Services, the Site, any communication (including any telephone call, text message, or email) made by or on behalf of Urgent Care Online or any Partner, any insurance-verification activity, or the relationship between you and Urgent Care Online — whether based in contract, tort, statute (including the Telephone Consumer Protection Act, state telemarketing laws, and state privacy laws), fraud, misrepresentation, or any other legal theory, and whether arising before or after the effective date of these Terms (each, a "Dispute") — shall be resolved exclusively by final and binding individual arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and is intended to be interpreted broadly.

The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, scope, or formation of this Section 16, including any claim that all or any part of it is void, voidable, or unconscionable, except that a court shall decide any dispute regarding the enforceability of the Class-Action Waiver in Section 16.4 and the Batch Arbitration provision in Section 16.5.

16.3 Arbitration Procedures

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "AAA Rules"), as modified by this Section 16. The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section, the parties shall select an alternative administrator by agreement or, failing agreement, by court appointment under 9 U.S.C. § 5. Arbitration shall be conducted by a single neutral arbitrator who is a retired judge or an attorney with at least ten (10) years of experience. The arbitrator shall apply the substantive law of the State of Delaware (without regard to its conflict-of-laws rules) and applicable federal law, shall honor claims of privilege, and shall issue a reasoned written decision. The arbitrator may award on an individual basis any relief that a court could award to that individual, but may not award relief for or against anyone who is not a party. For claims under US $10,000, the arbitration shall be conducted on the basis of written submissions unless the arbitrator determines a hearing is necessary; any hearing shall be held by videoconference or in the county of your residence. Payment of filing, administrative, and arbitrator fees shall be governed by the AAA Rules; if you demonstrate that such costs would be prohibitive compared with litigation, we will pay as much of them as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party shall bear its own attorneys' fees except where applicable law or the AAA Rules provide otherwise, or where the arbitrator finds a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award fees to the prevailing party. Judgment on the award may be entered in any court of competent jurisdiction.

16.4 Class-Action and Representative-Action Waiver

YOU AND URGENT CARE ONLINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If this Class-Action Waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) shall be severed from the arbitration and brought in court under Section 17, with the remaining claims arbitrated, and the parties agree that any such court proceeding shall be stayed pending completion of arbitration of the individual claims.

16.5 Batch Arbitration (Mass Arbitration)

If twenty-five (25) or more similar arbitration demands are filed against Urgent Care Online within ninety (90) days by or with the assistance of the same law firm or group of coordinated law firms, the parties agree that (a) the AAA shall administer them in batches of up to one hundred (100) demands per batch, each batch assigned to a single arbitrator and treated as a single consolidated arbitration for fee purposes; (b) the first batches shall proceed as bellwether proceedings while the remaining demands are held in abeyance and tolled; and (c) following the bellwether awards, the parties shall engage in a mandatory global mediation. You agree to cooperate in good faith with this process, and that a court may enjoin filing of demands inconsistent with it.

16.6 Exceptions

Either party may (a) bring an individual action in small claims court for claims within that court's jurisdiction, provided the action remains in that court and is not removed or appealed to a court of general jurisdiction; (b) seek injunctive or other equitable relief in court to protect its intellectual property or to enforce Section 16.1 or 16.5; and (c) file a complaint with a federal, state, or local agency, which may seek relief on your behalf if permitted by law.

16.7 Thirty-Day Right to Opt Out

You may opt out of this agreement to arbitrate by sending written notice to legal@urgent-care-online.com with the subject line "Arbitration Opt-Out," or by mail to Urgent Care Online, Attn: Arbitration Opt-Out, 16092 Coastal Highway, Lewes, Delaware 19958, within thirty (30) days after you first accept these Terms. The notice must include your name, address, telephone number(s) and email address(es) used with the Services, and a clear statement that you wish to opt out of arbitration, and must be signed by you. Opting out does not affect any other provision of these Terms, including the Class-Action Waiver's application to litigation to the extent permitted by law.

16.8 Jury Trial Waiver

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND URGENT CARE ONLINE EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

16.9 Confidentiality; Survival; Changes

Arbitration proceedings and awards shall be confidential except as necessary to enforce an award or as required by law. This Section 16 survives termination of these Terms and your relationship with us. If we modify this Section 16 after you accepted these Terms, you may reject the change by notifying us within thirty (30) days, in which case the prior version continues to apply to Disputes between you and us.

17. Governing Law and Venue

These Terms and any Dispute shall be governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of Delaware, without regard to conflict-of-laws principles. Subject to Section 16, you and Urgent Care Online agree that any court proceeding shall be brought exclusively in the state courts located in Sussex County, Delaware, or the United States District Court for the District of Delaware, and you consent to the personal jurisdiction of and venue in those courts and waive any objection based on inconvenient forum.

18. Time Limit on Claims

To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Services or these Terms must be commenced within one (1) year after the claim or cause of action accrues; otherwise it is permanently barred. Where applicable law prohibits shortening a limitations period, the shortest period permitted by law shall apply.

19. Termination and Suspension

We may suspend or terminate your access to the Services, delete your information (subject to our retention obligations), or refuse to provide Services to you at any time, for any or no reason, with or without notice, and without liability. You may stop using the Services at any time. Sections 3–5, 6.2, 7, 9, 12–18, and 20–22, and any other provisions which by their nature should survive, survive termination.

20. Changes to These Terms

We may revise these Terms at any time by posting the revised version on the Site and updating the "Last Updated" date. Material changes will be announced by posting a prominent notice on the Site and, where required by law or where we have your contact information, by email or text message. Your continued use of the Services after the effective date of revised Terms constitutes acceptance of them. If you do not agree to revised Terms, you must stop using the Services. Changes to Section 16 are subject to Section 16.9.

21. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy, the consent disclosures presented to you on any form, and any supplemental terms, constitute the entire agreement between you and Urgent Care Online regarding the Services and supersede all prior agreements and understandings.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect, except as provided in Section 16.4.
• No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Urgent Care Online.
• Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent, and any attempt to do so is void. We may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets.
• Force Majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, pandemic, labor disputes, government action, telecommunications or Internet failures, power outages, cyberattacks, or the acts or omissions of Partners or third parties.
• No Third-Party Beneficiaries. Except for the Company Parties, who are intended third-party beneficiaries of Sections 12–16, these Terms do not confer any rights on any third party.
• Relationship of the Parties. Nothing in these Terms creates any agency, partnership, joint venture, employment, fiduciary, or professional relationship between you and Urgent Care Online.
• Interpretation. Headings are for convenience only. The words "including" and "include" mean "including without limitation." These Terms shall not be construed against the drafter.
• Notices. Notices to you may be delivered to any email address, telephone number, or postal address you provided or by posting on the Site. Notices to us must be sent to the addresses in Section 23 unless another address is specified herein.
• Export and Geographic Restrictions. The Services are controlled from the United States and intended for U.S. residents only. We make no representation that the Services are appropriate or available outside the United States.
• Accessibility. We are committed to making the Site accessible. If you have difficulty accessing any portion of the Site, contact us at accessibility@urgent-care-online.com.

22. Notice to California Residents

Under California Civil Code § 1789.3, California users are entitled to the following notice: The Services are provided by Optimal Health Network LLC d/b/a Urgent Care Online, 16092 Coastal Highway, Lewes, Delaware 19958, which may also be contacted at support@urgent-care-online.com. To file a complaint regarding the Services or to receive further information, contact us at the address in Section 23, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. Contact Us

Urgent Care Online (Urgent-Care-Online / Urgent-Care-Online.com) Optimal Health Network LLC d/b/a Urgent Care Online 16092 Coastal Highway Lewes, Delaware 19958 Website: https://www.urgent-care-online.com General inquiries: support@urgent-care-online.com Legal notices and Notices of Dispute: legal@urgent-care-online.com Do-Not-Call / opt-out requests: donotcall@urgent-care-online.com Privacy requests: privacy@urgent-care-online.com

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