Lumos Care Terms and Conditions
Last updated: October 12, 2023
WE ARE NOT A REPLACEMENT FOR EMERGENCY MEDICAL SERVICES. IF YOU HAVE A MEDICAL EMERGENCY SEEK EMERGENCY MEDICAL CARE IMMEDIATELY IN-PERSON OR DIAL 911 OR YOUR LOCAL EMERGENCY NUMBER.
Acceptance of the Terms and Conditions Herein
By clicking “I Agree”, checking a related box, or accessing these Services (so defined below), you acknowledge that you have read, understood, accepted, and agreed to be bound by this agreement. If you do not agree to these terms and conditions or do not understand these terms and conditions, you are not allowed to use and/or access these services and if so. You hereby grant agency authority to any party who clicks the “I agree” button or otherwise accepts these terms and conditions on your behalf.
Binding Arbitration Notice: You agree that disputes between you and us (non-exhaustively: the company and/or our agents, contractors employees, officers, shareholders), and/or you and any affiliated individuals or groups (non-exhaustively: medical providers, nursing providers, and/or any other affiliated third-party), arising out of or in relation to these terms and conditions and/or the service will be resolved by binding, individual arbitration and you waive your rights to a jury trial and/or to participate in a class-action lawsuit or class-wide arbitration, so explained below.
This agreement is subject to changes as explained below.
We may change these terms at any time and as required by law. This may include changing, adding, or removing terms. We may do this in response to legal, business, competitive environment or other reasons not listed here.
Lumos Care (collectively, “Lumos Care,” “we,” or “us”) owns and operates websites located at www.Lumos-Care.com (collectively, the “Platform”). Your access and/or use of the Platform, or anything associated with it (non-exhaustively: any products, services, websites, software applications, mobile applications, content generated by Us and/or any affiliated third-party, the “Service”) are governed by these Terms and Conditions (the “Terms and Conditions” or the “Agreement”).
Please read this Agreement carefully as it establishes the important terms you need to know about the Services you are agreeing to. In this agreement, the use of the terms, “you”, “yours”, and such similar phrasing refer to the person or entity using the Service.
Consent to Telehealth
Telehealth uses electronic communications to connect patients and providers for the remote delivery of healthcare services. Though Telehealth carries potential benefits, like any medical procedure it also carries potential risks. Specifically but non-exhaustively: Telehealth is not a substitute for in-person medical care for all cases or all conditions. If you do not accepts the risks associated with using Telehealth, you should seek in-person care. As part of the on-boarding process you are offered the opportunity to agree to a Medical Consent form that includes consent to telehealth treatment. By using the Services you agree and acknowledge that Lumos Care is a third-party beneficiary of the Medical Consent and has the right to enforce it against you.
No Guaranteed Outcomes
General Notice: Lumos Care provides weight loss prescriptions as part of its Service offerings, yet it is pivotal for you (the user of our services) to acknowledge that the efficiency and effectiveness of any prescribed medication or advice can largely depend on various factors including but not limited to individual biological responses, adherence to prescribed usage, lifestyle choices, and underlying health conditions.
No Warranty on Results: While the prescriptions provided through Lumos Care are grounded in medical expertise and may have been effective in a broader application, Lumos Care, alongside its affiliates (inclusive of healthcare providers and pharmacies), explicitly disclaim any guarantee, either expressed or implied, in respect to achieving specific weight loss goals, targets, or any related health improvement outcomes as a result of following any prescription or advice provided through our Service.
Responsibility and Informed Decisions: By agreeing to these Terms and Conditions, you acknowledge and accept that your decisions regarding your health, including the choice to follow any prescriptions or advice provided through the Service, are made in consultation with your healthcare provider, and you bear the full responsibility for the outcomes of those decisions. Lumos Care is not liable for any loss or damage that may arise from your reliance on the information or prescriptions provided.
Use of Prescriptions: You agree to utilize any prescriptions provided in strict adherence to the provided guidelines and agree to consult with the providing healthcare professional or an affiliated healthcare provider in the event of any side effects, questions, or discrepancies in your treatment.
Continuous Monitoring: You recognize the importance of regular monitoring of your condition, consistent communication with healthcare providers, and immediate reporting of any adverse effects or lack of progress in your prescribed treatment.
Professional Consultation: You accept that any data, information, or communication provided through the Platform does not replace the comprehensive in-person assessment and consultation with healthcare professionals and should not be solely relied upon for making decisions about your health.
Third-Party Products: If you utilize any third-party products or services in conjunction with those of Lumos Care, we do not take any responsibility for the efficacy, safety, or reliability of those products/services, nor for any resultant health outcomes.
Liability Limitations: Lumos Care, under no circumstances, shall be held liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to physical harm, loss, or other damages resulting from any person’s use or misuse of prescriptions, information, or advice provided through the Service.
Use By Minors
The Service is not intended for use by anyone under the age of eighteen (18) and anyone under the age of eighteen (18) is prohibited from using any part of the Service and/or the Platform, except as to read these Terms and Conditions.
Your Relationship with Us
As part of the Service we make available certain products and services sold and/or offered by us and by third-party providers (medical and/or nursing care), pharmacies, diagnostics laboratories, and other vendors via our Service.
By accepting these Terms and Conditions, you acknowledge and agree that any services or products received from the aforementioned individuals and/or groups are also bound by this Agreement and that they are third-party beneficiaries of this Agreement.
No Medical-Relationship
Lumos Care has no control or interference with the practice of medicine, nursing, or any other such care by any providers. All providers are individually and solely responsible for managing the medical care and/or any treatments they provide to you. By accepting this Agreement, you understand and agree that Lumos Care is not acting as a healthcare provider and that you are not entering into a patient-provider relationship with us. By accepting this Agreement, you understand and agree that you may be entering into a patient-provider relationship or other such relationship with any one or more Providers.
No Pharmacy-Relationship
By accepting this Agreement, you understand and agree that Lumos Care is not acting as a pharmacy, nor do we control or interfere with any such services. By accepting this Agreement, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities and authorize the aforementioned to access your prescription records through a Controlled Substances Prescription Management Program (CSPMP) or any other such program as is required by law and/or under the discretion of the Pharmacy.
Consent to the Use of Messaging
By accepting this Agreement, you understand and agree that Lumos Care along with third-party Providers and Pharmacies may receive messages regarding your treatment, and respond to you via email, text messages (SMS/MMS), phone calls, and voicemails (collectively, “Communications”) . You acknowledge and accept that Lumos Care is not responsible for the contents or security of any of those means of communications. These communications may contain important information about your health and treatment. You acknowledge that the receipt and reading of any such messages is solely your responsibility and that you agree to hold-harmless Lumos Care and any of it’s employees, officers, or affiliated entities (providers, pharmacies, etc.) regarding the receipt and reading of any such communications. You also accept that some or all of the Communications may be unrelated to your treatment, such as marketing and advertising Communications.
Consent to Pay for Services
Lumos Care is not currently enrolled with, accepting, or participating in any state, local, of federal healthcare and/or health insurance programs (non-exhaustively: Medicare, Medicaid, etcetera). You acknowledge and accept that Lumos Care, the Providers, the Pharmacies, and yourself may receive payment from any such programs for any of the services or products provided by Lumos Care or any affiliated entities. By engaging with Lumos Care and using the Services, you are choosing to obtain service solely on a cash-basis. As such, you have sole financial responsibility for paying the costs associated with the Services.
By clicking “I Agree”, checking a related box, or accessing these services you agree that you are exclusively choosing to access these services on a cash-basis and are solely responsibility for any costs incurred, and that neither you, nor Lumos Care, the Providers, the Labs, nor the Pharmacies will submit any claims for reimbursement to any state, local, of federal healthcare and/or health insurance programs (non-exhaustively: Medicare, Medicaid, etcetera).
Lumos Care does not provide Superbills or other medically coded-invoices for services. Regular invoices are provided upon request.
Consent to Subscription Billing
All services available for purchase through Lumos Care are offered on an automatically renewing subscription basis. Your payment method will be charged automatically every month (or at any other agreed-upon interval as displayed during the onboarding process) until you cancel your subscription plan (the “Charges”). You may cancel your future subscription at any time before your payment is processed by emailing asklumos@lumos-care.com directly requesting a cancellation. At that time, any outstanding invoices will be charged via your payment method and your subscription will be cancelled.
Consent to Bundling Billing
To make your experience using the Service simpler, costs and fees associated with the Service from Lumos Care and all third-party affiliates (Labs, Providers, Pharmacies, etc.) will be bundled into one subscription charge to your payment method, charged on a monthly bases whether or not you are actively a user of a specific program. This fee is included in the display price on all programs. A detailed invoice is available upon request.
Prescription Only Products
Some of the Products and Services offered via the Platform require a valid prescription. Payment does not guarantee the writing or dispensing of any prescription medications. You will not be offered a prescription unless you have completed a medical intake form, have established a patient-provider relationship with a Provider, have completed a medical consultation with said Provider, and have an established medical need for said prescription (as determined in the Provider’s professional judgement). If you choose to have an affiliated Pharmacy fulfill that Product, the charges associated with said Product will be bundled into the Charges.
Risks and Disclosures
You agree that you have read, understood the information provided about any prescribed medications available from the FDA, and on lumos-care.com. Your use of any prescription medication, reliance on any provider, or reliance on any information or notification delivered by the Providers via the Platform, is solely and exclusively at your own risk and you assume full responsibility for all risks associated herewith.
Mediation and Binding Arbitration
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Healthcare Payor Provider Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Healthcare Payor Provider Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Class-Action Waiver
You hereby waive, with respect to any dispute, the right to participate in a class action, private attorney general action, or other representative action in court or group-arbitration either as a class representative or class member, and hereby waive the right to join or consolidate claims with the claims of any other person or group; as allowed by law.
Severability of Terms
If a provision of this Agreement is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect the enforceability or validity in that jurisdiction of any other provision of this Agreement, and/or the enforceability or validity in other jurisdictions of that or any other provision of this Agreement.
Assignment of Rights
This agreement is solely between you and Lumos Care. No portion of your rights or agreed upon terms may be assigned to anyone else and any attempt to do so is null and void. Lumos Care may, at any time and in our sole discretion, assign, transfer, or other such action, without your additional consent or notice, this entire Agreement or any part of this Agreement, to any third-party of our choice.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. You hereby consents to the subject matter and personal jurisdiction of the Washington Court of Common Pleas, over any action brought by either Party to enforce this Agreement.