META FLOW LTD.

GLP-1 Program Terms of Service

Last Updated: 5 February 2026

 

 

DO NOT USE THIS WEBSITE OR SERVICE IF YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY.

 

In an emergency situation, you can: (1) call 911; (2) go to the nearest emergency room; (3) contact your local crisis center; (4) if applicable, call the National Suicide Prevention Lifeline (dial 988); or (5) if applicable, contact the Crisis Text Line (text “GO” to 741-741).

 

Important Disclaimers

 

PLEASE READ THIS SECTION CLOSELY BEFORE CONTINUING TO THE REST OF THESE GLP-1 PROGRAM TERMS OF SERVICE.

 

The telehealth platform (the “Platform”) and all associated products and services provided via the Platform, including without limitation healthcare provider scheduling, healthcare provider visits, issuance and fulfillment of prescriptions, labs and shipping (collectively, “Telehealth Services”), are provided by our telehealth partner and its commercial, physician and pharmacy partners (collectively, “Telehealth Partner”). Any provider/patient relationship will be directly and solely between you and Telehealth Partner or its agents. Telehealth Partner is solely responsible for the Telehealth Services. All personal information that you provide or that is otherwise collected in connection with the Telehealth Services will be collected, processed, maintained, disclosed and used by or on behalf of Telehealth Partner in accordance with the Telehealth Partner Privacy Policy (which is incorporated herein). 

 

Lumen, Inc. (“Lumen,” “we,” or “us”) is not a licensed medical provider, will not provide and is not responsible or liable for any of the Telehealth Services, and will provide only limited administrative services to facilitate the provision of the Telehealth Services, for example enabling access to the Platform via Lumen’s website and collecting fees on Telehealth Partner’s behalf.

 

Acceptance of the Terms of Service and Incorporated Terms

 

These GLP-1 Program Terms of Service (“TOS”), together with all documents expressly incorporated herein by reference (the “Incorporated Terms”), which hereby include (1) the Informed Consent for Telehealth Services and (2) the Telehealth Partner Privacy Policy (collectively, the “Terms”), govern your access to and use of the Telehealth Services, including your purchase of GLP-1 programs consisting of certain Telehealth Services (“Programs”), and all websites and applications on the Platform where this TOS appears or is linked (“Websites”). In the event of any conflict or inconsistency between this TOS and any Incorporated Terms, this TOS shall control. 

 

Please read this TOS carefully before you start to use any Telehealth Services. By purchasing any Program or accessing or using any Telehealth Service or Website, you acknowledge that you have read and understand and agree to be bound by this TOS, including the Privacy Policy and all other Incorporated Terms. This TOS constitutes a legally binding agreement between us and you.

 

If you do not agree to this TOS (INCLUDING THE PRIVACY POLICY AND ALL OTHER INCORPORATED TERMS), you must not access or use any Telehealth Service OR WEBSITE.

 

IMPORTANT NOTICE 

 

PLEASE BE AWARE THE SECTIONS BELOW TITLED “DISPUTES; GOVERNING LAW; VENUE” AND “YOU MUST BRING CLAIMS WITHIN ONE YEAR” CONTAIN LIMITATIONS ON HOW CLAIMS YOU HAVE AGAINST US MAY BE RESOLVED. BE ADVISED THAT THIS TOS ALSO CONTAINS DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY AND CLAIMS AGAINST US THAT MAY BE APPLICABLE TO YOU. BY AGREEING TO THIS TOS, YOU AGREE TO THOSE SECTIONS AND PROVISIONS.

 

Eligibility

 

You must have an active Lumen membership to be eligible for the Programs. You must complete all required documentation requested by Lumen or Telehealth Partner from time to time in order to participate in the Program and receive all applicable Telehealth Services.

 

The Telehealth Services and Websites may be used only by healthy individuals who are over the age of 16. IF YOU DO NOT MEET THESE REQUIREMENTS THEN YOU MAY NOT USE THE TELEHEALTH SERVICES OR WEBSITES. 

 

If you are under the applicable age of majority in your state, you may use the Telehealth Services and Websites only with involvement and permission of a parent or guardian, and by such use your parent and/or guardian hereby agrees to be, and will be, held jointly and severally liable for any and all claims arising from your use of any Telehealth Service or Website. By enrolling in any Program or accessing or using any Telehealth Service or Website, you represent and warrant that you are of legal age to form a binding contract with Lumen (or, if applicable, that you are a parent or guardian of the person accessing or using the Telehealth Services or Websites, that you consent to such access and use, and that you are of legal age to form a binding contract with Lumen), and meet all of the foregoing eligibility requirements.

 

GLP-1 Programs and Fees

 

Each Program includes only the services and benefits expressly listed in the Program summary at the time of enrollment. You will be charged for any additional Telehealth Services that you elect to purchase.

 

If you elect to sign up for a Program, you hereby authorize Lumen or its e-commerce platform partner to place an authorization hold on the valid payment method provided during enrollment for the applicable Program fee. Following prescription approval (if granted) by a Telehealth Partner provider via the Telehealth Services, your payment method will be charged the entire amount for the Program. If the prescription is not granted, the authorization hold will be released without charge. 

 

Following your completion of a Program, (1) as determined between you and your Telehealth Partner provider and subject to any required prescription approval(s), you may continue with your prescription and you will be billed per prescription renewal, and (2) any other Telehealth Services you purchase will be billed separately. All prices for Telehealth Services (including labs and medications) are subject to change.

 

You hereby acknowledge and agree that: (1) all payments made by you for Telehealth Services (including without limitation healthcare provider visits, labs and medications) must be made on a self-pay basis only, and you will not, and Lumen, Telehealth Partner and Telehealth Partner’s physician and pharmacy partners will not, support, accept, authorize, make or participate in making any claim to medical insurance, HMOs, Medicare, Medicaid or any other third-party payor for payment or reimbursement for any professional or other fees for the Telehealth Services; and (2) as part of the Program fees, (i) Lumen will pass through to you all fees and other amounts payable by Lumen to Telehealth Partner for Telehealth Services rendered to you by Telehealth Partner and (ii) Lumen will also charge you fees for the administrative services Lumen provides in support of Telehealth Partner’s provision of the Telehealth Services. 

 

Lumen reserves the right in its sole discretion to modify, discontinue or suspend, on a temporary or permanent basis, any or all Programs, Websites and/or Telehealth Services, and your sole remedy in such case will be the right to cancel your Program and receive a refund as expressly set forth in this TOS. Lumen may also introduce additional Programs, Websites, Telehealth Services or other related products or services from time to time in its discretion. 

 

Cancellation and Termination of GLP-1 Programs and Telehealth Services

 

You may cancel your Program by email to support@lumen.me at any time. Cancellations take effect as of the month following the month for which you were approved for your most recent prescription, and Lumen will refund your Program fees for all cancelled months. For example, if you give notice of cancellation during the first month or second month of your three-month Program, but prior to such notice you were approved for a prescription for your second month, in each case cancellation will be effective as of the third month and you will receive a refund for the third month only.

 

If you enrolled in a Lumen membership (“Membership”) at the same time as you enrolled in your Program, cancellation of your Membership and refund (if any) of fees paid for your Membership are subject to the Membership terms and conditions at https://www.lumen.me/terms-of-use (Note that you may not participate in any Program if you do not have an active Membership.)

 

In no event will any refunds be issued or returns accepted for any medications approved or dispensed in connection with the Telehealth Services.

 

The Terms are effective from the date on which you first purchase any Program or access any Website or Telehealth Service and shall remain effective until terminated in accordance herewith. Lumen may terminate your Program or your access to, use of or eligibility for Telehealth Services at any time for any reason in Lumen’s sole discretion, with or without notice to you. In the event of any termination, (1) you will be refunded Program fees for all months for which you have not been an approved for a prescription, unless Lumen determines in its reasonable discretion that the termination is for cause (in which case you will not be entitled to a refund), including without limitation any breach by you of any Terms, and (2) your right to access and use the Telehealth Services and Websites shall immediately and automatically terminate and you shall cease all access to and use of the Telehealth Services and Websites. Your right to access and use the Websites and Telehealth Services shall terminate automatically upon any expiration or termination of your Program. In the event of any termination for any reason, all restrictions, disclaimers, and limitations herein and all terms and conditions which by their nature reasonably should survive termination, shall survive such termination.

 

Changes to this TOS

 

We reserve the right to make changes to this TOS that do not adversely affect material benefits of your Program (e.g., to correct errors, clarify terms or update aspects of the Programs) or any other changes that are necessary to comply with any law or regulation applicable to Lumen, Telehealth Partner, the Platform, the Programs, the Websites or the Telehealth Services, without any liability or any notice beyond posting the updated TOS to the Platform. All such changes are effective immediately when we post them and apply to all access to and use of the Platform, Websites and Telehealth Services thereafter.

 

We will notify you at least 30 days prior to the effective date of any changes to this TOS that adversely affect material Program benefits under this TOS. In the event of any such change, you may cancel your Program at any time prior to such effective date and you will receive a refund of Program fees for all months for which you have not been an approved for a prescription.

 

Your continued use of any Telehealth Services or Website following the posting of revised TOS means that you accept and agree to be bound by the changes. You should check this page each time you access any Telehealth Service or Website so that you are aware of any and all changes that may be made to this TOS. IF YOU DO NOT AGREE TO THE REVISED TOS, YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE TELEHEALTH SERVICES AND WEBSITES, IN WHICH CASE YOU MUST cancel your Program in accordance with this TOS and you will receive a refund of Program fees for all months for which you have not been an approved for a prescription. 

We reserve the right to withdraw or amend any Website, or any material we provide on any Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of any Website is unavailable at any time or for any period. From time to time, we may restrict access to all or any part of any Website to you or any other user.

 

Notwithstanding anything to the contrary herein, any change to the dispute resolution provisions set forth in the “Disputes; Governing Law; Venue” section below will not apply to any dispute of which the parties have actual notice prior to the date the change is posted on the Platform or other applicable website.

 

Intellectual Property Rights

 

The Websites and their entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Lumen, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to any Website or any content on any Website is transferred or assigned to you, and all rights not expressly granted are reserved by Lumen. Any use of any Website or any of the foregoing not expressly permitted by this TOS is a breach of this TOS and may violate copyright, trademark, and other laws. All goodwill that arises in connection with any logo, trademark, service mark, trade name or other indicia of origin of Lumen or any of its affiliates or partners shall inure exclusively to Lumen or its partners, as applicable.

 

Your Use of the Platform and Websites

 

You are hereby granted a limited, revocable, non-transferable, non-sublicensable license to access and use the Platform and Websites solely for your personal, non-commercial purposes as necessary to receive the Telehealth Services (“Permitted Purposes”). You must provide all requested information in order for the Telehealth Services to be provided. You are solely responsible for the security of your devices and applications on which you access or use the Telehealth Services and Websites. By using the Telehealth Services, you represent and warrant to Lumen and Telehealth Partner that (1) all information that you provide or confirm to Lumen or Telehealth Partner in connection with your Program registration or enrollment or via the Telehealth Services or Websites (including without limitation your personal information) is accurate and complete, and that if at any time such information is not accurate and complete, you will not use the Telehealth Services or Websites and will promptly take all necessary steps to correct the inaccurate or incomplete information, (2) you will not misuse the Telehealth Services or Websites in any manner, including fraudulent use or knowingly misrepresenting any information, medical history or health status, (3) you will not permit or authorize any third party to access or use the Telehealth Services or Websites, (4) you will use the Telehealth Services and Websites (and all content and information therein) solely as made available to you, and will not modify in any manner the Telehealth Services or Websites (or any such content or information), and (5) you will comply with all applicable laws, rules and regulations in connection with your access to and use of the Telehealth Services and Websites.

 

Without limiting the generality of the foregoing, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on any Website, except as follows:

 

  • Your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Websites for a Permitted Purpose and not for further reproduction, publication, or distribution.

In addition, you may not:

 

  • modify any copy of any material from any Website;
  • use any illustration, photograph, video or audio sequence, or graphic separately from the accompanying text from any Website;
  • delete or alter any copyright, trademark, or other proprietary rights notices from any copy of any material from any Website; or
  • access or use, for any purpose other than a Permitted Purpose, any part of any Telehealth Service or Website or any other service or material available on or through any Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of any Telehealth Service or Website in breach of this TOS, your right to use the Websites will cease immediately and you must, at our option, return or destroy any and all copies of any Website materials you have made. 

 

Code of Conduct

 

You may use the Telehealth Services and Websites only for lawful purposes and in accordance with this TOS. You agree not to use any Telehealth Service or Website:

 

  • in any way that violates any applicable federal, state, local, or international law, rule, or regulation (including any law regarding the export of data or software to or from the United States or any other country);
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation;
  • to impersonate or attempt to impersonate Lumen, Telehealth Partner, any Lumen or Telehealth Partner employee, another user, or any other person or entity (including by using any email address or user name associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s access to or use or enjoyment of any Website or Telehealth Service or which, as determined by us in or sole discretion, may harm Lumen, Telehealth Partner, any of their respective affiliates, or any user of any Website or Telehealth Service or expose any of the foregoing to liability.

 

Additionally, you agree not to:

  • use any Website or Telehealth Service in any manner that could disable, overburden, damage, or impair any Website or Telehealth Service or interfere with any other person’s use of any Website or Telehealth Service, including such person’s ability to engage in any activity through any Website or Telehealth Service;
  • use any robot, script, spider, or other automatic device, process, or means to access any Website or Telehealth Service for any purpose, including monitoring or copying any of the material available on or through any Website or Telehealth Service;
  • use any manual process to monitor or copy any of the material on any Website for any purpose not expressly authorized in this TOS, without our prior written consent;
  • use any device, software, or routine that interferes or is designed to interfere with the proper working of any Website or Telehealth Service;
  • introduce to any Website or Telehealth Service any virus, trojan horse, worm, logic bomb, or other code or material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of any Website or Telehealth Service, the server on which any Website or Telehealth Service is stored or operated, or any server, computer, or database connected to or used with any Website or Telehealth Service;
  • attack any Website or Telehealth Service via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of any Website or Telehealth Service.

 

Links to Third-Party Sites

 

If any Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your access to or use of them. If you decide to access any of the third-party websites linked to or from any Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

User Content

 

Any and all comments, feedback, reviews, ratings, messages, ideas, suggestions, and other similar materials or communications sent to Lumen or submitted directly to Lumen via any Website (excluding personal information (including protected health information), which shall be handled in accordance with Telehealth Partner’s Privacy Policy) is collectively “User Content”. You hereby grant us, Telehealth Partner and our respective affiliates an irrevocable, transferable, sublicensable, paid up, royalty-free, perpetual, worldwide, non-exclusive license to use, reproduce, disclose, publish, modify, remove, create derivative works from, distribute and otherwise exploit any and all User Content for any purpose whatsoever without restriction, and we shall have no obligation to (1) maintain any User Content in confidence, (2) pay compensation (including royalties) with respect to any User Content, or (3) respond to any User Content. You shall ensure that your User Content (i) complies with all applicable laws, rules and regulations, (ii) does not infringe, misappropriate or otherwise violate any intellectual property, proprietary, publicity or other right of any other person or entity, (iii) is not offensive, threatening, libelous, defamatory, pornographic, obscene, abusive, misleading, fraudulent or otherwise inappropriate or illegal, and (iv) does not contain any computer virus or other malware that could affect any Website or Telehealth Service, any of our systems or any third-party systems, or any other Website or Telehealth Service user. We may in our sole discretion monitor, edit or remove User Content from any Website.

 

Geographic Restrictions

 

The Websites and Telehealth Services and Lumen’s products and services are intended for use only in the country(ies) in which the applicable Website, Telehealth Service, product or service is made available or sold. We make no claims that the Websites or Telehealth Services or any of their content, or any other product or service available via any Website, is accessible or appropriate outside of the applicable jurisdictions where we elect to make them available. Access to the Websites and use of the Telehealth Services may not be legal by certain persons or in certain countries. If you access any Website or Telehealth Service or use any such product or service outside of such jurisdictions, you do so on your own initiative and at your own risk, and are responsible for compliance with local laws.

 

Disputes; Governing Law; Venue

 

All questions or disputes regarding your eligibility for Telehealth Services, your use of the Telehealth Services, Programs or Websites, or your compliance with any of the Terms will be resolved by Lumen in its sole discretion. Lumen reserves the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. All disputes not so resolved by Lumen and that are between you and Lumen must be handled solely in accordance with the dispute resolution provisions in this section.

 

This TOS and any and all disputes and claims arising from or related to any Program or Telehealth Service or related platform or website shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule of any jurisdiction. All such disputes and claims shall be decided by a court of competent jurisdiction in New York, New York, and you hereby expressly agree to submit to the personal jurisdiction of that court and waive any claim of inconvenient forum. You acknowledge and agree that any claim or dispute in any proceeding shall be brought on an individual basis only, and not as a class action or collective action, and there is no right or authority for any dispute or claim to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

You Must Bring Claims within One Year

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST LUMEN OR TELEHEALTH PARTNER ARISING OUT OF OR RELATING TO THIS TOS OR THE TELEHEALTH SERVICES, PROGRAMS OR WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Disclaimer of Warranties

 

LUMEN AND TELEHEALTH PARTNER ARE NOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT ANY OF YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIALS DUE TO YOUR USE OF ANY TELEHEALTH SERVICE, WEBSITE OR RELATED PLATFORM OR ANY ITEM ACCESSIBLE OR OBTAINED ON OR THROUGH ANY OF THE FOREGOING OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY OF THE FOREGOING OR ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THE PLATFORM OR ANY WEBSITE.

 

YOUR USE OF THE TELEHEALTH SERVICES (INCLUDING THE PLATFORM) AND THE WEBSITES IS ENTIRELY AT YOUR OWN RISK. THE TELEHEALTH SERVICES AND WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LUMEN AND TELEHEALTH PARTNER ARE NOT RESPONSIBLE OR LIABLE FOR YOUR USE OR INABILITY TO USE THE TELEHEALTH SERVICES OR WEBSITES. NEITHER LUMEN, TELEHEALTH PARTNER NOR ANY OF THEIR RESPECTIVE AFFILIATES, NOR ANY PERSON ASSOCIATED WITH LUMEN, TELEHEALTH PARTNER OR THEIR RESPECTIVE AFFILIATES, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY TELEHEALTH SERVICES OR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER LUMEN, TELEHEALTH PARTNER NOR ANY OF THEIR RESPECTIVE AFFILIATES, NOR ANY PERSON ASSOCIATED WITH LUMEN, TELEHEALTH PARTNER OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTS OR WARRANTS THAT ANY TELEHEALTH SERVICE OR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT ANY DEFECT WILL BE CORRECTED, THAT ANY WEBSITE OR THE SERVER THAT MAKES SUCH WEBSITE AVAILABLE IS FREE OF ANY VIRUS OR ANY OTHER HARMFUL COMPONENT, OR THAT ANY WEBSITE OR ANY TELEHEALTH SERVICE WILL OTHERWISE MEET ANY OF YOUR NEEDS OR EXPECTATIONS. AVAILABILITY AND FUNCTIONALITY OF THE TELEHEALTH SERVICES AND WEBSITES DEPENDS ON VARIOUS FACTORS OUTSIDE OF LUMEN’S AND TELEHEALTH PARTNER’S CONTROL, AND LUMEN AND TELEHEALTH PARTNER DO NOT WARRANT OR GUARANTEE THAT THE TELEHEALTH SERVICES OR WEBSITES WILL OPERATE OR BE AVAILABLE AT ALL TIMES.

 

LUMEN AND TELEHEALTH PARTNER HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Lumen, Telehealth Partner, their respective affiliates, and the respective licensors, service providers, suppliers, officers, directors, employees, contractors, agents, successors, and assigns of each of the foregoing from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of any Terms or your access to or use of any Program, Telehealth Service or Website, including (i) your use of any of the Websites’ content, services, or products other than as expressly authorized in the Terms and (ii) your use of any information obtained from any Website; (b) your negligence or willful misconduct; (c) your violation of any applicable law, rule or regulation; (d) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party (including Telehealth Partner and its physician and pharmacy partners) which relates to your use of any Program, Telehealth Service or Website (including your violation of any third party rights); (e) your User Content; or (f) personal injury, death or property damage.

 

Liability

 

IN NO EVENT SHALL LUMEN, TELEHEALTH PARTNER OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR TORT OR ANY OTHER ACTION OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, RESULTING FROM OR ARISING OUT OF ANY PROGRAM, WEBSITE OR TELEHEALTH SERVICE OR THIS AGREEMENT, THE USE OR INABILITY TO USE ANY TELEHEALTH SERVICE OR WEBSITE, THE PERFORMANCE OF LUMEN OR TELEHEALTH PARTNER OR THE FAILURE OF LUMEN OR TELEHEALTH PARTNER TO PERFORM UNDER THE TERMS, ANY THIRD-PARTY WEBSITE LINKED TO OR FROM ANY WEBSITE, ANY CONTENT ACCESSIBLE OR OBTAINED ON OR THROUGH ANY WEBSITE OR ANY SUCH THIRD-PARTY WEBSITE, OR ANY SERVICE OR ITEMS ACCESSIBLE OR OBTAINED ON OR THROUGH ANY WEBSITE OR ANY SUCH THIRD-PARTY WEBSITE, ANY OTHER ACT OR OMISSION OF LUMEN OR TELEHEALTH PARTNER, OR ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOSS OF GOODWILL OR PROFITS, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF DATA, REGARDLESS OF WHETHER LUMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE.

 

Lumen’s aggregate liability to you (INCLUDING WITHOUT LIMITATION FOR ANY AND ALL CLAIMS, LOSS, LIABILITY, INJURY, DAMAGES, COSTS AND EXPENSES) in connection with the Programs, WEBSITES and Telehealth Services AND THIS AGREEMENT shall be limited to the fees you ACTUALLY paid to Lumen during the six months prior to the claim FOR THE PRODUCTS AND/OR SERVICES GIVING RISE TO THE CLAIM.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, ALL OR A PORTION OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

 

You agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and our obligations and level of risk under this TOS.

 

DMCA Policy – Removal of Content

 

We are unable to monitor the copyright ownership of all content posted in the Websites. If you believe that your work has been copied and is accessible on our Websites in a way that constitutes copyright infringement or that our Websites contain links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing all of the following information to our copyright agent, as set forth below.

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, and information reasonably sufficient to permit us, or our third-party service providers, to locate the material.

 

3. Information reasonably sufficient to permit us, or our third-party service providers, to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

5. A statement that the information in the notification is accurate, and under penalty of perjury in the United States or its equivalent in any other country or jurisdiction, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Copyright Agent: support@lumen.me. 

 

Note: Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to. For communications regarding other matters, please contact us as set forth below.

 

NOTICE FOR RESIDENTS OF CALIFORNIA IN THE UNITED STATES

 

UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING OUR PRODUCTS OR SERVICES, PLEASE CONTACT US AS SET FORTH BELOW. CALIFORNIA RESIDENTS MAY REACH THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, CONSUMER INFORMATION CENTER BY MAIL AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (800) 952-5210. THIS SECTION DOES NOT APPLY TO YOU IF YOU ARE NOT A RESIDENT OF THE STATE OF CALIFORNIA IN THE UNITED STATES.

 

Force Majeure

 

Lumen will not be responsible or liable to you for any delay in performing or failure to perform any of Lumen obligations under this TOS or otherwise in connection with any Program, Website or Telehealth Service that arises out of or results from any cause outside of Lumen’s reasonable control.

 

Waiver and Severability

 

No waiver by Lumen of any term or condition set forth in this TOS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lumen to assert a right or provision under this TOS shall not constitute a waiver of such right or provision.

 

If any provision of this TOS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this TOS will continue in full force and effect.

 

Assignment

 

We may assign our rights and obligations under this agreement, without notice to you, to (1) any of our affiliates or (2) any party or its affiliate acquiring all or substantially all of the assets or stock, whether by merger or otherwise, of Lumen or an affiliate of Lumen. This agreement may not be assigned by you without our prior written consent.

 

No Third-Party Rights

 

Except for your indemnification and defense obligations, your obligations to Telehealth Partner, and Telehealth Partner’s rights hereunder, this TOS does not and are not intended to confer any right or remedy upon any person other than the parties.

 

Entire Agreement; Construction

 

This TOS, including all Incorporated Terms, constitutes the entire agreement between you and Lumen with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

 

Remedies

 

Notwithstanding anything to the contrary, in addition to any and all remedies available at law, we shall be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation by you of any of the Terms.

 

Assistance with Programs and Telehealth Services

 

If you have any questions regarding this TOS or the Programs, Websites or Telehealth Services, or otherwise have any feedback, comments, requests for technical support or other communications relating to the Programs, Websites or Telehealth Services, please contact us at support@lumen.me.