WINONA TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of the https://bywinona.com/contact/ website (the “Website”) and the Winona mobile applications and services that allow direct access to physicians provided by affiliated physician practices for consultations and treatment and pharmacy services for certain women’s health issues, health and wellness information, support in scheduling medical consultations, ordering prescription medications and other products, and paying for services provided by physicians and Winona’s affiliated pharmacies (collectively, the “Services”).
Winona acts as a technology platform to connect registered users of the Website with physicians and pharmacies for medical consultations and dispensing of medications prescribed by the physicians. Winona is not a health care provider or pharmacy and does not offer or provide any medical advice, treatment recommendations or pharmacy services. You acknowledge that you are not entering into a physician-patient relationship with Winona, and that Winona is not liable for any advice, medical care, or treatment you receive by the physicians or pharmacies affiliated with Winona (“Pharmacies”) or for any consequences, injury or harm that may result therefrom.
Physicians employed or under contract with Winona Medical of California, P.C. (“Medical Practice”) provide specific medical consultations through the Website. Winona does not own the Medical Practice, and does not control the practice of medicine by the Medical Practice or its physicians.
You are responsible for verifying that any information you provide to Winona or a treating physician is accurate and complete. Winona will not be liable for any damages or losses that occur as a result of untruthful, inaccurate or otherwise incomplete information. The Services are not a substitute for in-person treatment or advice of your primary care physician or other health care providers. The Website facilitates medical consultations limited to diagnosis and treatment of certain women’s health issues, and not for any other medical or health issue. If you are not feeling well, contact your primary care physician. The Website is not to be used for medical emergencies. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM.
The Services currently are available only in the States of California and Florida. You must be located in California or Florida in order to use the Services.
If you are a physician using the Services you are expressly representing that: (i) you are fully licensed and otherwise qualified to provide the requested services; (ii) your provision of advice or other services is in accordance with all applicable laws, including without limitation, laws related to patient privacy or confidentiality such as HIPAA; (iii) you are fully responsible for the consequences of any advice or information you provide on the Services to the same extent as if you provided the advice or information directly to the client in person or in any other setting; and (iv) your provision of advice or information will be professional, competent and in line with the standards of care and best practices in your industry.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Winona and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may not use the Services for any reason. Please contact us if you are aware that a person under 18 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Winona may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Winona granting you access to and use of the Services, you agree that Winona, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
Registering for an Account
You must create a user account in order to use the Services by registering through the Website and providing us with accurate and complete information as requested, including completing a questionnaire that asks about your health and medical condition and symptoms (“Registration”). You must update your Registration to keep it accurate and complete.
Upon completion of your Registration, you may place your order for products through the Website. Some of the products available for purchase on the Website require a prescription. We will assign you a physician from the Medical Practice who is licensed to practice in the state where you are located to review your Registration, make a diagnosis, determine the medical appropriateness of the products that you ordered and, if appropriate, issue a prescription. You may request that we assign a different physician. Your order will not be accepted until a physician provides you with a medical consultation and prescribes the medication that you ordered. The physicians will not prescribe medications that are DEA controlled substances. If, following a medical consultation, your physician does not issue a prescription, Winona will decline your order (even if it was previously accepted) and return your payment in the same method as it was accepted. If you prefer to fill your prescription at a different pharmacy, we will send the prescription to your selected pharmacy. In this case, you will be responsible for picking up and paying for the prescription. Some of the products available on the Website might not require a prescription, in which case, you may purchase the products following your Registration without a medical consultation. Prescriptions filled by the Pharmacy will be shipped to you, and the associated shipping costs will be included in your Subscription Fee. Winona does not endorse any specific medication, pharmacy, or physician. We cannot accept returns of pharmaceutical products.
Payment for Service
Some products available on the Website require that registered users purchase the product on a subscription basis for a monthly subscription fee that is automatically charged against the user’s form of payment (“Subscription Fee”). The Subscription Fee covers the cost of physician medical consultations, prescriptions filled by the Pharmacy, shipping and handling costs of products, a Website platform fee, and sales or similar taxes that may be imposed on your payments. Other products are available for purchase at the prices indicated on the Website without a subscription. By entering your payment information and submitting your request, you authorize us and our third-party payment processors to charge the amount due. Winona collects the fees charged by the Medical Practice on its behalf and passes the applicable amounts on to it. Any health care services or pharmacy services not made available through the Website are not included in the payments collected by Winona, and are separately chargeable by the physicians and pharmacies, as applicable. Your Subscription Fee may be increased or decreased if your prescription changes, such as by a dosage increase or frequency of refills. You may cancel your subscription at any time by logging into your account page at https://bywinona.com/contact/. Cancellation requests must be received two full calendar days prior to your next shipping date. Cancellation requests received after that date will be processed before the following shipping date.
Federal and state healthcare programs, such as Medicare and Medicaid, do not cover or pay for the Services, including your medical consultations and pharmacy products. Neither Winona, Medical Practice, physicians, nor the Pharmacies submit claims for payments to third parties for Services provided to you. You acknowledge and agree that you are solely responsible for the cost of any services or products provided to you, no claims for payment will be submitted on your behalf, and you will not submit a claim for payment to any third party for the Services.
You are solely responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Winona account. Winona cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Content on the Services
Please be aware that, except as expressly provided or as otherwise required under applicable law, Winona does not verify the accuracy of any information available on the Services. Information about prescription medications that may be purchased on the platform has been provided directly by our affiliated pharmacies and has not been reviewed or approved by Winona. Any use or reliance on any information you obtain through the Services is at your own risk.
You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Winona be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You agree not to transmit any content on the Services that:
Is harassing, impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
Is a direct and specific threat of violence to others;
Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
Is furtherance of illegal activities; or
Is abusive or constitutes spam.
Subject to the terms of the Agreement, Winona grants to you a limited and nonexclusive license (without the right to sublicense) to access and use the Services as provided herein.
All rights, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Winona and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Winona reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Winona, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Notwithstanding the foregoing, any content, such as postings, messages, or photos that you upload to the Website, including any content that you submit using the Services in connection with any medical consultation, belongs to you and you authorize Winona to use and disclose such content in connection with providing the Services.
Restrictions On Use Of The Services
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Winona’s computer systems, or the technical delivery systems of Winona providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Winona (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Winona (NOTE: scraping the Services without the prior consent of Winona is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
Ending These Terms
The Terms will continue to apply until terminated by either you or Winona as follows.
You may end your legal agreement with Winona at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at https://bywinona.com/contact/.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable; or (iv) our relationship with the affiliated Medical Practice or Pharmacy ends. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination, such as indemnification and limitations on liability.
Nothing in this section shall affect Winona’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
Winona will retain your medical records for a period of five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. Physicians or the Pharmacies may retain your medical records for a longer or shorter period of time as required by law.
Disclaimers, Limitation of Liability and Indemnity
Please read this section carefully since it limits the liability of Winona and its stockholders, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Winona Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE WINONA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Winona Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Winona users, including without limitation, any advice, recommendations, treatment plans or other information provided by the affiliated physicians and Pharmacies; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information provided on the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Winona Entities or through the Services, will create any warranty not expressly made herein. TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE WINONA ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR OMISSIONS OF THE MEDICAL PRACTICE, PHYSICIANS, OR PHARMACIES IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE PROVISION OF MEDICAL SERVICES, CONSULTATION, OR TREATMENT BY PHYSICIANS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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.”
Some of Winona’s shareholders, directors, officers, contractors, or employees may have a financial interest in the Medical Practice, the Pharmacies, or any other third-party supplier of goods or services, and may profit from your use of such entities and/or the sale of such goods and services to you. Dr. Michael Green, President of the Medical Practice, is Winona’s chief medical officer and receives compensation from Winona for his services, including equity interests in Winona.
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Winona Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WINONA ENTITIES, MEDICAL PRACTICE, PHYSICIANS, AND PHARMACIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WINONA ENTITIES, PHYSICIANS, MEDICAL PRACTICE, OR PHARMACIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID WINONA, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WINONA ENTITIES, MEDICAL PRACTICE, PHYSICIANS, AND PHARMACIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Winona Entities, from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) any information, advice, treatment recommendations or other content you transmit via the Services; (2) your failure to comply with the Terms, including without limitation, your obligations and representations provided in Section 1; (3) your interactions with any other Winona user; (4) your use or disclosure of information, including without limitation, personal information or medical information you learned about on or through the Services; and (5) any activity in which you engage on or through the Services.
Waiver and Severability
The failure of Winona to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the state of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Winona related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at https://bywinona.com/contact/. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 7 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Telehealth Registration Requirements
Registration number: TPME1718