Website Terms of Use
THE WEBSITE AND THE A BETTER LOU PROGRAM DO NOT PROVIDE EMERGENCY SERVICES AND ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY DEPARTMENT IMMEDIATELY. DO NOT USE THE WEBSITE, CHECKOUT, EMAIL, TEXT, SUPPORT CHANNELS, OR PATIENT PORTAL TO SEEK EMERGENCY CARE.
These Website Terms of Use (the "Terms of Use") govern your access to and use of abetterlou.com, its subdomains, the A Better Lou online checkout, and the content and features made available through them (collectively, the "Website"). The Website is operated by A Better Lou MSO, LLC (the "Platform").
These Terms of Use govern the Website generally. They do not govern the purchase of a Plan, clinical care, or participation in the A Better Lou program. Those matters are governed by the Terms and Conditions of Service and related documents presented at checkout.
BY ACCESSING OR USING THE WEBSITE AFTER BEING PRESENTED WITH THESE TERMS OR A CONSPICUOUS LINK TO THEM, OR BY CHECKING THE REQUIRED CHECKOUT BOX, CREATING AN ACCOUNT, OR ACTIVATING ANOTHER ACCEPTANCE CONTROL THAT REFERENCES THEM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE, INCLUDING THE BINDING INDIVIDUAL ARBITRATION, CLASS AND REPRESENTATIVE ACTION WAIVERS, JURY-TRIAL WAIVER, LIABILITY LIMITS IN SECTION 8, AND CLAIM-TIME LIMIT IN SECTION 10. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE WEBSITE OR COMPLETE CHECKOUT.
1. Who Provides the A Better Lou Program
The A Better Lou program is delivered by two separate companies.
A Better Lou MSO, LLC operates the Website and provides nonclinical administrative, marketing, technology, payment-support, and customer-support services. The Platform does not provide clinical care, exercise clinical judgment, prescribe treatment, or direct or control the independent clinical judgment of the Practice or its Providers.
ABL Physician Services PLLC (the "Practice") provides all clinical care through its licensed physicians, nurse practitioners, physician assistants, and other licensed professionals (collectively, "Providers"). The Practice controls its clinical decisions and medical records.
For provisions that protect them, the "ABL Parties" means the Platform, the Practice, the Providers, and each of their respective owners, members, managers, officers, directors, employees, agents, contractors, service providers, and licensors acting on their behalf in connection with the Website, together with their successors and permitted assigns. Independent pharmacies, laboratories, advertising platforms, and other third parties are not ABL Parties merely because the Website links to or interacts with them. This collective term does not merge the Platform and Practice, create a partnership between them, or give the Platform authority over clinical care.
2. Website Information and Service Availability
The Website provides general information about A Better Lou and access to its online checkout. Website content is for general educational and informational purposes only. It is not medical advice, diagnosis, treatment, or a substitute for advice from a qualified healthcare professional.
Using the Website, contacting support, or beginning checkout does not create a provider-patient relationship. A provider-patient relationship may be formed only through the Practice's enrollment, evaluation, and consent process.
Do not disregard professional medical advice or delay seeking care because of information on the Website. If you have a medical emergency, call 911 or go to the nearest emergency department.
State-Specific Licensure and Service Availability. Plans and clinical Services are available only to eligible adults physically located in an active Service State at the time of Service delivery, subject to the selected Plan, Provider licensure and availability, applicable state law, and the Terms and Conditions of Service.
Each Service State becomes active for a Plan only when (a) ABL Physician Services PLLC employs or contracts with Providers who hold an active, unrestricted license to practice medicine, advanced practice nursing, or another applicable health profession issued by or recognized in that state; (b) the Practice has implemented clinical workflows, documentation, and prescribing protocols that comply with that state's telehealth, standard-of-care, and controlled-substance laws; and (c) the Website checkout expressly displays that Plan as available in that state.
Currently Active Service States. As of the Effective Date, Arizona is an active Service State for all Plans offered on the Website. Illinois will become an active Service State for designated Plans only when checkout expressly shows those Plans as available to Illinois residents. Additional states will be added as Providers become licensed and compliance workflows are validated; the checkout display controls Plan availability in each state.
Location and Licensure Requirements. You must (i) reside in an active Service State for your selected Plan, and (ii) be physically located in an active Service State for that Plan each time you receive a clinical Service, including telehealth consultations, prescriptions, laboratory orders, or other clinical care. The Provider who furnishes each Service must hold an active license or authorization recognized by the state where you are located at the time of Service delivery. Providers' licenses, scope of practice, prescribing authority, and clinical protocols are governed by the laws of the state where the Service is delivered. Standards of care, formulary restrictions, prescription-monitoring-program requirements, and permissible treatments may vary by state.
Temporary travel to another state does not make a Plan or clinical Service available in that state unless (a) that state is active for your Plan, (b) you notify the Practice of your location before the Service, and (c) an appropriately licensed Provider and compliant workflow are available. The Website may be viewed from any location, but viewing it does not make a Plan, clinical Service, or prescription available in a state where the Practice is not authorized to provide care or the selected Plan is not active.
The Website and Plans are intended for adults. You must be at least 18 years old and legally capable of entering an agreement to purchase a Plan.
3. Checkout, Plans, Billing, and Clinical Services
All purchases are completed through the A Better Lou online checkout. You may purchase a Plan only for yourself. The checkout does not permit a parent, guardian, agent, representative, or other person to purchase a Plan or provide clinical consent for someone else.
Before completing checkout, you must review and affirmatively accept both these Terms of Use and the Terms and Conditions of Service. These Terms of Use govern general Website use. The Terms and Conditions of Service govern your Plan and Services, including:
These Website Terms of Use (the "Terms of Use") govern your access to and use of abetterlou.com, its subdomains, the A Better Lou online checkout, and the content and features made available through them (collectively, the "Website"). The Website is operated by A Better Lou MSO, LLC (the "Platform").
These Terms of Use govern the Website generally. They do not govern the purchase of a Plan, clinical care, or participation in the A Better Lou program. Those matters are governed by the Terms and Conditions of Service and related documents presented at checkout.
BY ACCESSING OR USING THE WEBSITE AFTER BEING PRESENTED WITH THESE TERMS OR A CONSPICUOUS LINK TO THEM, OR BY CHECKING THE REQUIRED CHECKOUT BOX, CREATING AN ACCOUNT, OR ACTIVATING ANOTHER ACCEPTANCE CONTROL THAT REFERENCES THEM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE, INCLUDING THE BINDING INDIVIDUAL ARBITRATION, CLASS AND REPRESENTATIVE ACTION WAIVERS, JURY-TRIAL WAIVER, LIABILITY LIMITS IN SECTION 8, AND CLAIM-TIME LIMIT IN SECTION 10. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE WEBSITE OR COMPLETE CHECKOUT.
1. Who Provides the A Better Lou Program
The A Better Lou program is delivered by two separate companies.
A Better Lou MSO, LLC operates the Website and provides nonclinical administrative, marketing, technology, payment-support, and customer-support services. The Platform does not provide clinical care, exercise clinical judgment, prescribe treatment, or direct or control the independent clinical judgment of the Practice or its Providers.
ABL Physician Services PLLC (the "Practice") provides all clinical care through its licensed physicians, nurse practitioners, physician assistants, and other licensed professionals (collectively, "Providers"). The Practice controls its clinical decisions and medical records.
For provisions that protect them, the "ABL Parties" means the Platform, the Practice, the Providers, and each of their respective owners, members, managers, officers, directors, employees, agents, contractors, service providers, and licensors acting on their behalf in connection with the Website, together with their successors and permitted assigns. Independent pharmacies, laboratories, advertising platforms, and other third parties are not ABL Parties merely because the Website links to or interacts with them. This collective term does not merge the Platform and Practice, create a partnership between them, or give the Platform authority over clinical care.
2. Website Information and Service Availability
The Website provides general information about A Better Lou and access to its online checkout. Website content is for general educational and informational purposes only. It is not medical advice, diagnosis, treatment, or a substitute for advice from a qualified healthcare professional.
Using the Website, contacting support, or beginning checkout does not create a provider-patient relationship. A provider-patient relationship may be formed only through the Practice's enrollment, evaluation, and consent process.
Do not disregard professional medical advice or delay seeking care because of information on the Website. If you have a medical emergency, call 911 or go to the nearest emergency department.
State-Specific Licensure and Service Availability. Plans and clinical Services are available only to eligible adults physically located in an active Service State at the time of Service delivery, subject to the selected Plan, Provider licensure and availability, applicable state law, and the Terms and Conditions of Service.
Each Service State becomes active for a Plan only when (a) ABL Physician Services PLLC employs or contracts with Providers who hold an active, unrestricted license to practice medicine, advanced practice nursing, or another applicable health profession issued by or recognized in that state; (b) the Practice has implemented clinical workflows, documentation, and prescribing protocols that comply with that state's telehealth, standard-of-care, and controlled-substance laws; and (c) the Website checkout expressly displays that Plan as available in that state.
Currently Active Service States. As of the Effective Date, Arizona is an active Service State for all Plans offered on the Website. Illinois will become an active Service State for designated Plans only when checkout expressly shows those Plans as available to Illinois residents. Additional states will be added as Providers become licensed and compliance workflows are validated; the checkout display controls Plan availability in each state.
Location and Licensure Requirements. You must (i) reside in an active Service State for your selected Plan, and (ii) be physically located in an active Service State for that Plan each time you receive a clinical Service, including telehealth consultations, prescriptions, laboratory orders, or other clinical care. The Provider who furnishes each Service must hold an active license or authorization recognized by the state where you are located at the time of Service delivery. Providers' licenses, scope of practice, prescribing authority, and clinical protocols are governed by the laws of the state where the Service is delivered. Standards of care, formulary restrictions, prescription-monitoring-program requirements, and permissible treatments may vary by state.
Temporary travel to another state does not make a Plan or clinical Service available in that state unless (a) that state is active for your Plan, (b) you notify the Practice of your location before the Service, and (c) an appropriately licensed Provider and compliant workflow are available. The Website may be viewed from any location, but viewing it does not make a Plan, clinical Service, or prescription available in a state where the Practice is not authorized to provide care or the selected Plan is not active.
The Website and Plans are intended for adults. You must be at least 18 years old and legally capable of entering an agreement to purchase a Plan.
3. Checkout, Plans, Billing, and Clinical Services
All purchases are completed through the A Better Lou online checkout. You may purchase a Plan only for yourself. The checkout does not permit a parent, guardian, agent, representative, or other person to purchase a Plan or provide clinical consent for someone else.
Before completing checkout, you must review and affirmatively accept both these Terms of Use and the Terms and Conditions of Service. These Terms of Use govern general Website use. The Terms and Conditions of Service govern your Plan and Services, including:
- Plan features and eligibility;
- fees, payment authorization, and billing;
- three-month minimum commitment and monthly automatic renewal;
- cancellation and any applicable refund rights;
- clinical evaluation and telehealth Services;
- medications, prescribing, and pharmacy services;
- insurance and government-program disclosures;
- electronic records and communications;
- limitations of liability; and
- dispute resolution and arbitration.
Plans have a three-month minimum commitment and renew monthly thereafter until canceled. You may request cancellation at any time as described in the Terms and Conditions of Service. A request made during the initial three-month term takes effect at the end of that term. A request made after the initial three-month term stops future renewals and takes effect at the end of the current paid monthly Service Period, with no prorated refund for that period. Cancellation is prospective and does not create a right to a refund of amounts already paid or earned or eliminate charges due during the initial term, except as the Terms and Conditions of Service or applicable law provides otherwise.
The price, billing frequency, and material features of the selected Plan are displayed at checkout. You authorize charges only by completing the checkout process and providing the required acceptance.
These Terms of Use, the Telehealth and Electronic Signature Consent, Notice of Privacy Practices, Website Privacy Policy, and any applicable medication-specific informed consent are presented, accepted, acknowledged, or incorporated according to their respective legal status and as described in the Terms and Conditions of Service. Optional marketing and analytics choices are separate and are not conditions of purchase or care.
If these Terms of Use conflict with the Terms and Conditions of Service, a clinical consent, or the Notice of Privacy Practices, the more specific document controls within its subject matter.
Telehealth Informed Consent (Arizona, Illinois and Other Service States). Before the Practice provides telehealth Services to you, you must review and affirmatively consent to the Telehealth and Electronic Signature Consent presented during checkout (referred to in this Section as the "Telehealth Informed Consent"). That Consent is incorporated by reference into the Terms and Conditions of Service and documents your informed consent to telehealth in the state where you are located, consistent with the state-specific supplements in Section 17 of that Consent, including Arizona (A.R.S. Section 36-3602) and Illinois (225 ILCS 150/5, 150/10, and 150/15).
The Telehealth Informed Consent discloses and you acknowledge the following material terms, limitations, and risks of telehealth Services:
Nature of Telehealth Services. Telehealth Services are clinical services delivered remotely using secure audio, video, asynchronous messaging, electronic health records, and digital communication technologies. Telehealth is not the same as in-person care and is not appropriate for all medical conditions, complaints, or emergencies. If a Provider determines that your condition requires in-person evaluation, diagnostic testing, physical examination, or emergency care that telehealth cannot provide, the Provider will inform you and may recommend that you see an in-person provider, visit an urgent-care center, or call 911.
Limitations of Telehealth. Telehealth Providers cannot perform hands-on physical examinations, conduct in-office diagnostic tests, or provide emergency medical treatment. Telehealth consultations rely on your self-reported history, visible presentation, and available remote-monitoring data. Technical failures, connectivity issues, audio or video quality problems, or interruptions may delay or prevent Service delivery. The Practice does not guarantee that telehealth will produce the same clinical outcomes as in-person care.
Risks of Telehealth. Risks include but are not limited to: (i) misdiagnosis or delayed diagnosis due to the absence of physical examination or in-office testing; (ii) technical failure that interrupts or prevents a consultation; (iii) unauthorized access to or breach of electronic health information if you use an unsecured device or network; (iv) miscommunication or documentation errors; and (v) lack of immediate emergency intervention if a life-threatening condition develops during or after a telehealth encounter.
Alternatives to Telehealth. You have the right to receive care from an in-person healthcare provider instead of or in addition to telehealth Services. Telehealth is elective. Choosing telehealth does not prevent you from seeking in-person care at any time.
Right to Withdraw Consent. You may withdraw your consent to telehealth Services at any time by notifying the Practice in writing as described in Section 13 or through your secure patient portal. Withdrawal of telehealth consent will terminate future telehealth Services. It does not by itself cancel your Plan, affect amounts already due, or eliminate the initial three-month commitment unless you also request Plan cancellation as described in the Terms and Conditions of Service. If withdrawing telehealth consent leaves no lawful and clinically feasible nontelehealth way to deliver the affected Plan Services, the Practice will end the affected Plan and refund prepaid unearned amounts as described in the Terms and Conditions of Service and the Telehealth and Electronic Signature Consent.
Privacy and Security. Telehealth consultations, electronic records, prescriptions, and communications are protected by the same federal and state privacy and security laws that govern in-person care, including HIPAA (for the Practice's medical records) and applicable state confidentiality laws. The Practice uses encrypted, HIPAA-compliant platforms for telehealth encounters. You are responsible for using a private, secure location and device when participating in telehealth consultations.
Provider Licensure and Standard of Care. Each telehealth Service will be furnished by a Provider licensed or authorized in the state where you are physically located at the time of Service delivery. The Provider will follow the applicable standard of care, prescribing rules, and clinical-practice requirements of that state. Illinois patients receive Services governed by Illinois law and clinical standards.
By completing checkout and accepting the Telehealth Informed Consent, you acknowledge that you have read, understood, and voluntarily consent to telehealth Services subject to the terms, limitations, and risks described above and in the Telehealth Informed Consent document. If you do not consent to telehealth, do not complete checkout; the Practice cannot provide Services without your informed consent.
Completing checkout does not guarantee that the Practice will accept you for care or that a Provider will prescribe any treatment. Clinical decisions are made solely by the Practice and its Providers.
4. Acceptable Use
You agree to use the Website only for lawful, personal purposes and to provide accurate, current, and complete information.
You may not:
The price, billing frequency, and material features of the selected Plan are displayed at checkout. You authorize charges only by completing the checkout process and providing the required acceptance.
These Terms of Use, the Telehealth and Electronic Signature Consent, Notice of Privacy Practices, Website Privacy Policy, and any applicable medication-specific informed consent are presented, accepted, acknowledged, or incorporated according to their respective legal status and as described in the Terms and Conditions of Service. Optional marketing and analytics choices are separate and are not conditions of purchase or care.
If these Terms of Use conflict with the Terms and Conditions of Service, a clinical consent, or the Notice of Privacy Practices, the more specific document controls within its subject matter.
Telehealth Informed Consent (Arizona, Illinois and Other Service States). Before the Practice provides telehealth Services to you, you must review and affirmatively consent to the Telehealth and Electronic Signature Consent presented during checkout (referred to in this Section as the "Telehealth Informed Consent"). That Consent is incorporated by reference into the Terms and Conditions of Service and documents your informed consent to telehealth in the state where you are located, consistent with the state-specific supplements in Section 17 of that Consent, including Arizona (A.R.S. Section 36-3602) and Illinois (225 ILCS 150/5, 150/10, and 150/15).
The Telehealth Informed Consent discloses and you acknowledge the following material terms, limitations, and risks of telehealth Services:
Nature of Telehealth Services. Telehealth Services are clinical services delivered remotely using secure audio, video, asynchronous messaging, electronic health records, and digital communication technologies. Telehealth is not the same as in-person care and is not appropriate for all medical conditions, complaints, or emergencies. If a Provider determines that your condition requires in-person evaluation, diagnostic testing, physical examination, or emergency care that telehealth cannot provide, the Provider will inform you and may recommend that you see an in-person provider, visit an urgent-care center, or call 911.
Limitations of Telehealth. Telehealth Providers cannot perform hands-on physical examinations, conduct in-office diagnostic tests, or provide emergency medical treatment. Telehealth consultations rely on your self-reported history, visible presentation, and available remote-monitoring data. Technical failures, connectivity issues, audio or video quality problems, or interruptions may delay or prevent Service delivery. The Practice does not guarantee that telehealth will produce the same clinical outcomes as in-person care.
Risks of Telehealth. Risks include but are not limited to: (i) misdiagnosis or delayed diagnosis due to the absence of physical examination or in-office testing; (ii) technical failure that interrupts or prevents a consultation; (iii) unauthorized access to or breach of electronic health information if you use an unsecured device or network; (iv) miscommunication or documentation errors; and (v) lack of immediate emergency intervention if a life-threatening condition develops during or after a telehealth encounter.
Alternatives to Telehealth. You have the right to receive care from an in-person healthcare provider instead of or in addition to telehealth Services. Telehealth is elective. Choosing telehealth does not prevent you from seeking in-person care at any time.
Right to Withdraw Consent. You may withdraw your consent to telehealth Services at any time by notifying the Practice in writing as described in Section 13 or through your secure patient portal. Withdrawal of telehealth consent will terminate future telehealth Services. It does not by itself cancel your Plan, affect amounts already due, or eliminate the initial three-month commitment unless you also request Plan cancellation as described in the Terms and Conditions of Service. If withdrawing telehealth consent leaves no lawful and clinically feasible nontelehealth way to deliver the affected Plan Services, the Practice will end the affected Plan and refund prepaid unearned amounts as described in the Terms and Conditions of Service and the Telehealth and Electronic Signature Consent.
Privacy and Security. Telehealth consultations, electronic records, prescriptions, and communications are protected by the same federal and state privacy and security laws that govern in-person care, including HIPAA (for the Practice's medical records) and applicable state confidentiality laws. The Practice uses encrypted, HIPAA-compliant platforms for telehealth encounters. You are responsible for using a private, secure location and device when participating in telehealth consultations.
Provider Licensure and Standard of Care. Each telehealth Service will be furnished by a Provider licensed or authorized in the state where you are physically located at the time of Service delivery. The Provider will follow the applicable standard of care, prescribing rules, and clinical-practice requirements of that state. Illinois patients receive Services governed by Illinois law and clinical standards.
By completing checkout and accepting the Telehealth Informed Consent, you acknowledge that you have read, understood, and voluntarily consent to telehealth Services subject to the terms, limitations, and risks described above and in the Telehealth Informed Consent document. If you do not consent to telehealth, do not complete checkout; the Practice cannot provide Services without your informed consent.
Completing checkout does not guarantee that the Practice will accept you for care or that a Provider will prescribe any treatment. Clinical decisions are made solely by the Practice and its Providers.
4. Acceptable Use
You agree to use the Website only for lawful, personal purposes and to provide accurate, current, and complete information.
You may not:
- violate any law or the rights of another person;
- impersonate another person or misrepresent your identity, age, location, eligibility, or authority;
- attempt to purchase a Plan for another person through a process intended for individual patient consent;
- submit false, fraudulent, misleading, or unauthorized payment or account information;
- interfere with the Website's operation, security, or access controls;
- introduce malware, malicious code, or harmful material;
- scrape, harvest, copy, index, or extract Website data through automated means without written permission;
- reverse engineer, probe, test, or attempt to access nonpublic Website features or systems;
- infringe intellectual-property, privacy, publicity, or other rights;
- harass, threaten, or abuse ABL personnel or other persons; or
- use the Website for a commercial, competitive, or unauthorized purpose.
Do not submit diagnoses, detailed medical history, laboratory results, prescriptions, or other sensitive clinical information through public Website forms, ordinary email, or nonclinical support channels. Use the Practice's designated secure systems for clinical information.
We may investigate suspected misuse and may restrict, suspend, or terminate Website access, with or without notice, when reasonably necessary to protect the Website, an ABL Party, another person, or legal compliance. This does not authorize the Platform to make clinical-care decisions.
5. Intellectual Property
The Website and its content, design, software, text, graphics, logos, trademarks, and other materials are owned by the Platform or its licensors and are protected by intellectual-property laws.
Subject to these Terms of Use, the Platform grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for your personal, lawful purposes. No other right or license is granted. You may not copy, reproduce, modify, distribute, publicly display, create derivative works from, or commercially exploit Website content without prior written permission.
Program materials furnished through a Plan are governed by the Terms and Conditions of Service.
If you believe Website content infringes your copyright, send a notice satisfying 17 U.S.C. Section 512(c)(3) to:
A Better Lou MSO, LLC
Attn: DMCA Agent
333 N Wilmot Rd Ste 340-16
Tucson, AZ 85711
privacy@abetterlou.com
We may remove or restrict access to material alleged to infringe and may terminate access for repeat infringement. A counter-notice may be submitted as permitted by 17 U.S.C. Section 512(g).
6. Third-Party Sites and Services
The Website may link to or interact with payment processors, pharmacies, laboratories, technology providers, delivery services, social-media services, and other third parties.
Third parties are independent from the Platform and Practice unless expressly stated otherwise. A link, integration, or reference does not mean that an ABL Party endorses, controls, guarantees, or assumes responsibility for the third party.
Services offered by genuinely independent third parties are governed by their own terms and privacy practices. To the fullest extent permitted by law, the ABL Parties do not control or guarantee an independent third party's availability, security, content, products, services, conduct, or privacy practices. This allocation does not reduce responsibility that applicable law imposes on an ABL Party for a contractor or service provider acting on that party's behalf.
The Terms and Conditions of Service contain additional provisions concerning third parties involved in a Plan or clinical Services.
7. No Clinical or Program Guarantees
Website information does not guarantee that you are eligible for a Plan, that the Practice will accept you for care, or that a Provider will prescribe or recommend any particular medication, therapy, test, or treatment.
The ABL Parties do not guarantee any health, weight, hormonal, longevity, wellness, performance, or other result. Results vary by individual. Testimonials and examples describe individual experiences and do not promise that you will receive the same result.
Statements about treatments, products, safety, effectiveness, or comparisons are general information, not individualized clinical advice or a guarantee.
8. Website Disclaimers and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." THE ABL PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES RELATING TO THE WEBSITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, AND QUIET ENJOYMENT.
THE ABL PARTIES DO NOT WARRANT THAT THE WEBSITE WILL BE COMPLETE, CURRENT, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE WEBSITE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ABL PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR RELIANCE DAMAGES, ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL ABL PARTIES FOR ALL CLAIMS ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
Your sole remedy for dissatisfaction with the Website is to stop using it.
These Website limitations do not:
We may investigate suspected misuse and may restrict, suspend, or terminate Website access, with or without notice, when reasonably necessary to protect the Website, an ABL Party, another person, or legal compliance. This does not authorize the Platform to make clinical-care decisions.
5. Intellectual Property
The Website and its content, design, software, text, graphics, logos, trademarks, and other materials are owned by the Platform or its licensors and are protected by intellectual-property laws.
Subject to these Terms of Use, the Platform grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for your personal, lawful purposes. No other right or license is granted. You may not copy, reproduce, modify, distribute, publicly display, create derivative works from, or commercially exploit Website content without prior written permission.
Program materials furnished through a Plan are governed by the Terms and Conditions of Service.
If you believe Website content infringes your copyright, send a notice satisfying 17 U.S.C. Section 512(c)(3) to:
A Better Lou MSO, LLC
Attn: DMCA Agent
333 N Wilmot Rd Ste 340-16
Tucson, AZ 85711
privacy@abetterlou.com
We may remove or restrict access to material alleged to infringe and may terminate access for repeat infringement. A counter-notice may be submitted as permitted by 17 U.S.C. Section 512(g).
6. Third-Party Sites and Services
The Website may link to or interact with payment processors, pharmacies, laboratories, technology providers, delivery services, social-media services, and other third parties.
Third parties are independent from the Platform and Practice unless expressly stated otherwise. A link, integration, or reference does not mean that an ABL Party endorses, controls, guarantees, or assumes responsibility for the third party.
Services offered by genuinely independent third parties are governed by their own terms and privacy practices. To the fullest extent permitted by law, the ABL Parties do not control or guarantee an independent third party's availability, security, content, products, services, conduct, or privacy practices. This allocation does not reduce responsibility that applicable law imposes on an ABL Party for a contractor or service provider acting on that party's behalf.
The Terms and Conditions of Service contain additional provisions concerning third parties involved in a Plan or clinical Services.
7. No Clinical or Program Guarantees
Website information does not guarantee that you are eligible for a Plan, that the Practice will accept you for care, or that a Provider will prescribe or recommend any particular medication, therapy, test, or treatment.
The ABL Parties do not guarantee any health, weight, hormonal, longevity, wellness, performance, or other result. Results vary by individual. Testimonials and examples describe individual experiences and do not promise that you will receive the same result.
Statements about treatments, products, safety, effectiveness, or comparisons are general information, not individualized clinical advice or a guarantee.
8. Website Disclaimers and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." THE ABL PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES RELATING TO THE WEBSITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, AND QUIET ENJOYMENT.
THE ABL PARTIES DO NOT WARRANT THAT THE WEBSITE WILL BE COMPLETE, CURRENT, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE WEBSITE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ABL PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR RELIANCE DAMAGES, ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL ABL PARTIES FOR ALL CLAIMS ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
Your sole remedy for dissatisfaction with the Website is to stop using it.
These Website limitations do not:
- limit professional duties or liabilities of the Practice or a Provider that cannot lawfully be limited;
- apply to gross negligence, willful misconduct, fraud, or another liability that applicable law prohibits limiting; or
- replace the separate liability provisions governing Plans, purchases, and clinical Services in the Terms and Conditions of Service.
If applicable law does not permit a particular exclusion or limitation, that exclusion or limitation applies only to the maximum extent permitted by that law. Each limitation is intended to operate independently.
9. Privacy, HIPAA, Analytics, and Communications
The Website Privacy Policy describes how the Platform collects, uses, retains, and discloses information through the Website and checkout. It is a notice of information practices, not a warranty or separate contract, and it does not create rights or obligations beyond those provided by applicable law.
The Practice's Notice of Privacy Practices governs health information maintained by the Practice in connection with clinical care.
These Terms of Use do not make a categorical determination about whether HIPAA applies to every Platform activity. HIPAA status depends on the entity, function, relationship, information, and actual data flow involved. The Practice controls its clinical records, and the Platform does not access the Practice-controlled clinical questionnaires, encounter content, medical records, clinical recordings, transcripts, notes, laboratory results, or prescription records. When and to the extent the Platform performs a function for the Practice that involves protected health information, it acts under the written business associate agreement and safeguards required by HIPAA for that function. This limited role does not make every Platform activity subject to HIPAA. Nothing in these Terms expands or limits obligations imposed by applicable privacy law.
Checkout may include separate optional choices concerning marketing communications and analytics or advertising measurement. Those choices are not required to purchase a Plan or receive care and do not authorize use or disclosure of the Practice's medical records.
If you separately consent to marketing communications, you may opt out of email using the unsubscribe link and may stop marketing texts by replying STOP. Operational, transactional, safety, and care-related communications are governed by the applicable agreement and law.
10. Dispute Resolution; Arbitration; Claim Limitations
10.1 Plan and Clinical Disputes
A dispute concerning a Plan, purchase, payment, recurring charge, cancellation, refund, clinical Service, or care is governed by the dispute-resolution provisions in the Terms and Conditions of Service, including its binding individual arbitration, class-action waiver, fee allocation, exceptions, and opt-out terms. If you affirmatively accept both documents, the more specific Terms and Conditions of Service controls any conflict concerning those subjects.
10.2 Mandatory Informal Resolution of Website Disputes
Before starting arbitration or filing a lawsuit concerning the Website or these Terms of Use, the claimant must send an individualized written notice stating the claimant's full name, account email if any, mailing address, the specific facts and legal basis of each claim, the requested individualized relief, and the claimant's personal signature. Notice to the Platform must be sent to privacy@abetterlou.com or the Platform address in Section 13. The parties will attempt in good faith to resolve the dispute for 30 days after receipt. Any applicable limitation period is tolled during that 30-day period.
This requirement does not prevent either party from seeking temporary or preliminary relief when reasonably necessary to prevent immediate harm, protect intellectual property or confidential information, or preserve the status quo.
10.3 Binding Individual Arbitration
Except for the matters listed in Section 10.5, you, the Platform, and each ABL Party entitled to enforce this Section agree that every dispute, claim, or controversy arising out of or relating to the Website, these Terms of Use, their formation, or your relationship with an ABL Party concerning general Website use will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the claim is filed, before one neutral arbitrator. The Federal Arbitration Act, 9 U.S.C. Section 1 et seq., governs this Section. The arbitrator, and not a court, will decide disputes concerning the interpretation, scope, applicability, formation, or enforceability of this arbitration agreement, except that a court will decide any challenge to the class, collective, representative, or public-injunctive-relief provisions below.
Arbitration will ordinarily be conducted by videoconference, on written submissions, or in the county where you reside, as the AAA Consumer Arbitration Rules provide. You will pay no more than the consumer filing fee required by those Rules, subject to any waiver, reduction, or different allocation required by law or AAA. The responding ABL Party will pay the remaining AAA administration and arbitrator fees that the Rules require it to pay. Each party will bear its own attorneys' fees unless applicable law, the AAA Rules, or the award provides otherwise. If 25 or more substantially similar demands are filed against the same ABL Party by the same or coordinated counsel, the demands will be administered in staged batches consistent with the AAA Mass Arbitration Supplementary Rules then in effect, and limitation periods will be tolled for demands awaiting their batch.
10.4 Individual-Action, Class, Representative, and Jury-Trial Waivers
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EACH ABL PARTY AGREE TO ASSERT CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NO PARTY MAY ASSERT OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, MASS, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITHOUT EVERY AFFECTED PARTY'S WRITTEN CONSENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EACH ABL PARTY ALSO KNOWINGLY WAIVE A JURY TRIAL FOR EVERY DISPUTE THAT IS NOT ARBITRATED.
If applicable law prohibits waiver of a request for public injunctive relief or another representative remedy, that request will be severed and decided by a court after all arbitrable individual claims have been resolved. It will not invalidate the arbitration of the remaining claims.
10.5 Exceptions and 30-Day Arbitration Opt-Out
Mandatory arbitration does not apply to an eligible individual claim filed and maintained in small claims court, an action seeking only temporary or equitable relief to protect intellectual property or confidential information, or a claim that applicable law expressly makes nonarbitrable. The exception applies only to that claim or relief, and all remaining arbitrable matters must proceed in arbitration.
You may opt out of Website arbitration without penalty by sending written notice to privacy@abetterlou.com or A Better Lou MSO, LLC, 333 N Wilmot Rd Ste 340-16, Tucson, AZ 85711, within 30 days after first accepting these Terms through checkout or another electronic acceptance control. If your assent is based only on Website use, you must send the notice within 30 days after your first use on or after the Effective Date. The notice must state your full name, contact information, and an unambiguous request to opt out of Website arbitration. Opting out affects only arbitration and does not affect the remaining Terms of Use.
10.6 Governing Law, Claim Periods, Venue, and Multi-State Consumer Protections
A. Governing Law. These Terms of Use and any Website dispute not governed by the Terms and Conditions of Service are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-laws principles, except as follows:
i. Illinois Consumer Protections. If you are a resident of Illinois or purchased a Plan while physically located in Illinois, this choice of Arizona law does not deprive you of the nonwaivable substantive protections of Illinois consumer-protection statutes, including the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq.), to the extent those protections cannot lawfully be waived by contract and Illinois law provides greater protection than Arizona law for the claim asserted. Illinois residents retain all rights, remedies, and defenses that Illinois law makes nonwaivable for consumer transactions.
ii. Other State Consumer Protections. If you are a resident of a state other than Arizona or Illinois, this choice of Arizona law does not deprive you of the nonwaivable substantive protections of consumer-protection, telehealth, or professional-regulation statutes of your state of residence to the extent (a) those protections cannot lawfully be waived by contract, and (b) your state's law provides greater protection than Arizona law for the claim asserted.
B. Limitation Periods. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED, except as follows:
i. If applicable law does not permit a one-year contractual limitation period for the type of claim asserted, the shortest limitation period that law permits applies.
ii. This one-year contractual period does not apply to and does not shorten the limitation period for: (a) a Plan, purchase, payment, recurring charge, cancellation, refund, clinical Service, telehealth Service, professional-negligence, medical-malpractice, or patient-care claim governed by the Terms and Conditions of Service or applicable professional-liability law; (b) a consumer-fraud, deceptive-practice, or unfair-business-practice claim subject to a state statute that mandates a longer period; or (c) a claim for which federal or state law specifies a nonwaivable limitation period.
iii. Illinois Residents. If you are an Illinois resident, you retain the statutory limitation periods provided by Illinois law (735 ILCS 5/13-201 et seq.) for any claim that Illinois law does not permit to be shortened by contract, including claims under the Illinois Consumer Fraud and Deceptive Business Practices Act (five years, 735 ILCS 5/13-205) and professional-negligence claims (two years from knowledge, 735 ILCS 5/13-212).
C. Venue and Personal Jurisdiction. Any Website dispute not subject to arbitration under Section 10.3 and not governed by the Terms and Conditions of Service must be brought as follows:
i. Default Venue (Arizona Residents and Permissible Parties). If you are an Arizona resident or applicable law permits you to be compelled to litigate in Arizona, the dispute must be brought exclusively in the state or federal courts located in Pima County, Arizona, and you consent to personal jurisdiction and venue there.
ii. Illinois Residents. If you are an Illinois resident, you may bring a Website dispute in either (a) the state or federal courts located in Pima County, Arizona, or (b) a court of competent jurisdiction in the Illinois county where you reside or where the transaction occurred, as Illinois law permits. The Platform and applicable ABL Party consent to personal jurisdiction in Illinois for claims brought by Illinois residents that arise from transactions with Illinois residents, but reserve all defenses other than lack of personal jurisdiction. This provision does not waive the agreement to arbitrate in Section 10.3; it applies only to disputes that Section 10.5 exempts from arbitration or for which arbitration is held unenforceable.
iii. Residents of Other States. If you are a resident of a state other than Arizona or Illinois and applicable law prohibits a mandatory out-of-state venue provision for consumer claims, you may bring a Website dispute in a court of competent jurisdiction in your state of residence or as applicable law permits, in addition to the Arizona venue in subsection (i). The Platform and applicable ABL Party reserve all defenses other than lack of personal jurisdiction.
D. Relationship to Arbitration. This Section governs only disputes that are not subject to arbitration under Section 10.3 or are exempted under Section 10.5. The arbitration provisions in Sections 10.3, 10.4, and 10.5 take precedence over this Section for all arbitrable disputes. If you opt out of arbitration under Section 10.5, this Section governs litigation venue and governing law.
10.7 Severability and Survival
The individual-action and class-action waivers are material terms. If a court finds a particular waiver unenforceable for a specific claim or requested relief, that claim or relief will be severed and decided by the court, while all remaining arbitrable claims proceed individually in arbitration. If another portion of this Section is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will remain effective to the fullest extent permitted by law. This Section survives termination of Website access and these Terms of Use.
11. Changes to the Website or These Terms
We may update these Terms of Use by posting a revised version and changing the Effective Date. When required by applicable law, we will provide additional notice.
Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms. A change to these Website Terms does not alter a purchase agreement already accepted through checkout except as permitted by the Terms and Conditions of Service and applicable law.
We may modify, suspend, restrict, or discontinue Website content or features at any time, with or without notice. To the fullest extent permitted by law, no ABL Party is liable for a Website modification, suspension, restriction, or discontinuation.
12. General Terms
Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the ABL Parties from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising from your unlawful use of the Website, material violation of these Terms of Use, infringement or misappropriation of another person's rights, introduction of harmful code, or submission of false, fraudulent, or unauthorized information. This obligation does not apply to the extent a claim is caused by an ABL Party's negligence, professional negligence, breach of these Terms, willful misconduct, fraud, or violation of law, or to the extent applicable law does not permit the obligation to be shifted to you. The applicable ABL Party may control the defense and settlement of a covered claim, and you agree to provide reasonable cooperation. You may not settle a claim in a way that admits fault by or imposes an obligation on an ABL Party without that party's written consent.
Force majeure. No ABL Party is responsible for delay, interruption, or failure caused by an event beyond its reasonable control, including natural disaster, epidemic, labor disruption, utility or telecommunications failure, cyberattack, governmental action, vendor failure, or transportation interruption, except to the extent applicable law provides otherwise.
No agency. These Terms do not create an employment, agency, partnership, joint venture, fiduciary, or franchise relationship between you and an ABL Party.
Third-party beneficiaries. The Practice and the other ABL Parties are intended third-party beneficiaries of provisions that expressly protect or benefit them and may enforce those provisions. There are no other third-party beneficiaries.
Assignment. You may not assign these Terms of Use without the Platform's written consent. The Platform may assign them in connection with a merger, reorganization, financing, sale of assets, or transfer of the Website or applicable business.
Severability. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions remain effective.
No waiver. Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.
Entire agreement. These Terms of Use are the entire agreement between you and the Platform concerning general Website use. The Website Privacy Policy is a separate notice of information practices. The Terms and Conditions of Service and related clinical documents separately govern Plans, purchases, and Services.
Survival. Sections 4 through 10 and Section 12 survive termination of Website access to the extent their nature requires.
13. Contact Information
For Website, checkout, nonclinical support, technology, and privacy questions:
A Better Lou MSO, LLC
333 N Wilmot Rd Ste 340-16
Tucson, AZ 85711
privacy@abetterlou.com
support@abetterlou.com
(520) 524-3202
For clinical privacy, medical-record, or Practice matters:
ABL Physician Services PLLC
333 N Wilmot Rd Ste 340-18
Tucson, AZ 85711
privacy@abetterlou.com
support@abetterlou.com
(480) 944-3221
Secure patient portal: https://abetterlou.canvasmedical.com/app/login
Ordinary email and support channels may not be secure, are not monitored continuously, and are not appropriate for urgent or detailed medical information. Contacting an ordinary support channel does not create a provider-patient relationship or guarantee a response time.
For an emergency, call 911 or go to the nearest emergency department.
9. Privacy, HIPAA, Analytics, and Communications
The Website Privacy Policy describes how the Platform collects, uses, retains, and discloses information through the Website and checkout. It is a notice of information practices, not a warranty or separate contract, and it does not create rights or obligations beyond those provided by applicable law.
The Practice's Notice of Privacy Practices governs health information maintained by the Practice in connection with clinical care.
These Terms of Use do not make a categorical determination about whether HIPAA applies to every Platform activity. HIPAA status depends on the entity, function, relationship, information, and actual data flow involved. The Practice controls its clinical records, and the Platform does not access the Practice-controlled clinical questionnaires, encounter content, medical records, clinical recordings, transcripts, notes, laboratory results, or prescription records. When and to the extent the Platform performs a function for the Practice that involves protected health information, it acts under the written business associate agreement and safeguards required by HIPAA for that function. This limited role does not make every Platform activity subject to HIPAA. Nothing in these Terms expands or limits obligations imposed by applicable privacy law.
Checkout may include separate optional choices concerning marketing communications and analytics or advertising measurement. Those choices are not required to purchase a Plan or receive care and do not authorize use or disclosure of the Practice's medical records.
If you separately consent to marketing communications, you may opt out of email using the unsubscribe link and may stop marketing texts by replying STOP. Operational, transactional, safety, and care-related communications are governed by the applicable agreement and law.
10. Dispute Resolution; Arbitration; Claim Limitations
10.1 Plan and Clinical Disputes
A dispute concerning a Plan, purchase, payment, recurring charge, cancellation, refund, clinical Service, or care is governed by the dispute-resolution provisions in the Terms and Conditions of Service, including its binding individual arbitration, class-action waiver, fee allocation, exceptions, and opt-out terms. If you affirmatively accept both documents, the more specific Terms and Conditions of Service controls any conflict concerning those subjects.
10.2 Mandatory Informal Resolution of Website Disputes
Before starting arbitration or filing a lawsuit concerning the Website or these Terms of Use, the claimant must send an individualized written notice stating the claimant's full name, account email if any, mailing address, the specific facts and legal basis of each claim, the requested individualized relief, and the claimant's personal signature. Notice to the Platform must be sent to privacy@abetterlou.com or the Platform address in Section 13. The parties will attempt in good faith to resolve the dispute for 30 days after receipt. Any applicable limitation period is tolled during that 30-day period.
This requirement does not prevent either party from seeking temporary or preliminary relief when reasonably necessary to prevent immediate harm, protect intellectual property or confidential information, or preserve the status quo.
10.3 Binding Individual Arbitration
Except for the matters listed in Section 10.5, you, the Platform, and each ABL Party entitled to enforce this Section agree that every dispute, claim, or controversy arising out of or relating to the Website, these Terms of Use, their formation, or your relationship with an ABL Party concerning general Website use will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the claim is filed, before one neutral arbitrator. The Federal Arbitration Act, 9 U.S.C. Section 1 et seq., governs this Section. The arbitrator, and not a court, will decide disputes concerning the interpretation, scope, applicability, formation, or enforceability of this arbitration agreement, except that a court will decide any challenge to the class, collective, representative, or public-injunctive-relief provisions below.
Arbitration will ordinarily be conducted by videoconference, on written submissions, or in the county where you reside, as the AAA Consumer Arbitration Rules provide. You will pay no more than the consumer filing fee required by those Rules, subject to any waiver, reduction, or different allocation required by law or AAA. The responding ABL Party will pay the remaining AAA administration and arbitrator fees that the Rules require it to pay. Each party will bear its own attorneys' fees unless applicable law, the AAA Rules, or the award provides otherwise. If 25 or more substantially similar demands are filed against the same ABL Party by the same or coordinated counsel, the demands will be administered in staged batches consistent with the AAA Mass Arbitration Supplementary Rules then in effect, and limitation periods will be tolled for demands awaiting their batch.
10.4 Individual-Action, Class, Representative, and Jury-Trial Waivers
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EACH ABL PARTY AGREE TO ASSERT CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NO PARTY MAY ASSERT OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, MASS, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITHOUT EVERY AFFECTED PARTY'S WRITTEN CONSENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EACH ABL PARTY ALSO KNOWINGLY WAIVE A JURY TRIAL FOR EVERY DISPUTE THAT IS NOT ARBITRATED.
If applicable law prohibits waiver of a request for public injunctive relief or another representative remedy, that request will be severed and decided by a court after all arbitrable individual claims have been resolved. It will not invalidate the arbitration of the remaining claims.
10.5 Exceptions and 30-Day Arbitration Opt-Out
Mandatory arbitration does not apply to an eligible individual claim filed and maintained in small claims court, an action seeking only temporary or equitable relief to protect intellectual property or confidential information, or a claim that applicable law expressly makes nonarbitrable. The exception applies only to that claim or relief, and all remaining arbitrable matters must proceed in arbitration.
You may opt out of Website arbitration without penalty by sending written notice to privacy@abetterlou.com or A Better Lou MSO, LLC, 333 N Wilmot Rd Ste 340-16, Tucson, AZ 85711, within 30 days after first accepting these Terms through checkout or another electronic acceptance control. If your assent is based only on Website use, you must send the notice within 30 days after your first use on or after the Effective Date. The notice must state your full name, contact information, and an unambiguous request to opt out of Website arbitration. Opting out affects only arbitration and does not affect the remaining Terms of Use.
10.6 Governing Law, Claim Periods, Venue, and Multi-State Consumer Protections
A. Governing Law. These Terms of Use and any Website dispute not governed by the Terms and Conditions of Service are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-laws principles, except as follows:
i. Illinois Consumer Protections. If you are a resident of Illinois or purchased a Plan while physically located in Illinois, this choice of Arizona law does not deprive you of the nonwaivable substantive protections of Illinois consumer-protection statutes, including the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq.), to the extent those protections cannot lawfully be waived by contract and Illinois law provides greater protection than Arizona law for the claim asserted. Illinois residents retain all rights, remedies, and defenses that Illinois law makes nonwaivable for consumer transactions.
ii. Other State Consumer Protections. If you are a resident of a state other than Arizona or Illinois, this choice of Arizona law does not deprive you of the nonwaivable substantive protections of consumer-protection, telehealth, or professional-regulation statutes of your state of residence to the extent (a) those protections cannot lawfully be waived by contract, and (b) your state's law provides greater protection than Arizona law for the claim asserted.
B. Limitation Periods. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED, except as follows:
i. If applicable law does not permit a one-year contractual limitation period for the type of claim asserted, the shortest limitation period that law permits applies.
ii. This one-year contractual period does not apply to and does not shorten the limitation period for: (a) a Plan, purchase, payment, recurring charge, cancellation, refund, clinical Service, telehealth Service, professional-negligence, medical-malpractice, or patient-care claim governed by the Terms and Conditions of Service or applicable professional-liability law; (b) a consumer-fraud, deceptive-practice, or unfair-business-practice claim subject to a state statute that mandates a longer period; or (c) a claim for which federal or state law specifies a nonwaivable limitation period.
iii. Illinois Residents. If you are an Illinois resident, you retain the statutory limitation periods provided by Illinois law (735 ILCS 5/13-201 et seq.) for any claim that Illinois law does not permit to be shortened by contract, including claims under the Illinois Consumer Fraud and Deceptive Business Practices Act (five years, 735 ILCS 5/13-205) and professional-negligence claims (two years from knowledge, 735 ILCS 5/13-212).
C. Venue and Personal Jurisdiction. Any Website dispute not subject to arbitration under Section 10.3 and not governed by the Terms and Conditions of Service must be brought as follows:
i. Default Venue (Arizona Residents and Permissible Parties). If you are an Arizona resident or applicable law permits you to be compelled to litigate in Arizona, the dispute must be brought exclusively in the state or federal courts located in Pima County, Arizona, and you consent to personal jurisdiction and venue there.
ii. Illinois Residents. If you are an Illinois resident, you may bring a Website dispute in either (a) the state or federal courts located in Pima County, Arizona, or (b) a court of competent jurisdiction in the Illinois county where you reside or where the transaction occurred, as Illinois law permits. The Platform and applicable ABL Party consent to personal jurisdiction in Illinois for claims brought by Illinois residents that arise from transactions with Illinois residents, but reserve all defenses other than lack of personal jurisdiction. This provision does not waive the agreement to arbitrate in Section 10.3; it applies only to disputes that Section 10.5 exempts from arbitration or for which arbitration is held unenforceable.
iii. Residents of Other States. If you are a resident of a state other than Arizona or Illinois and applicable law prohibits a mandatory out-of-state venue provision for consumer claims, you may bring a Website dispute in a court of competent jurisdiction in your state of residence or as applicable law permits, in addition to the Arizona venue in subsection (i). The Platform and applicable ABL Party reserve all defenses other than lack of personal jurisdiction.
D. Relationship to Arbitration. This Section governs only disputes that are not subject to arbitration under Section 10.3 or are exempted under Section 10.5. The arbitration provisions in Sections 10.3, 10.4, and 10.5 take precedence over this Section for all arbitrable disputes. If you opt out of arbitration under Section 10.5, this Section governs litigation venue and governing law.
10.7 Severability and Survival
The individual-action and class-action waivers are material terms. If a court finds a particular waiver unenforceable for a specific claim or requested relief, that claim or relief will be severed and decided by the court, while all remaining arbitrable claims proceed individually in arbitration. If another portion of this Section is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will remain effective to the fullest extent permitted by law. This Section survives termination of Website access and these Terms of Use.
11. Changes to the Website or These Terms
We may update these Terms of Use by posting a revised version and changing the Effective Date. When required by applicable law, we will provide additional notice.
Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms. A change to these Website Terms does not alter a purchase agreement already accepted through checkout except as permitted by the Terms and Conditions of Service and applicable law.
We may modify, suspend, restrict, or discontinue Website content or features at any time, with or without notice. To the fullest extent permitted by law, no ABL Party is liable for a Website modification, suspension, restriction, or discontinuation.
12. General Terms
Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the ABL Parties from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising from your unlawful use of the Website, material violation of these Terms of Use, infringement or misappropriation of another person's rights, introduction of harmful code, or submission of false, fraudulent, or unauthorized information. This obligation does not apply to the extent a claim is caused by an ABL Party's negligence, professional negligence, breach of these Terms, willful misconduct, fraud, or violation of law, or to the extent applicable law does not permit the obligation to be shifted to you. The applicable ABL Party may control the defense and settlement of a covered claim, and you agree to provide reasonable cooperation. You may not settle a claim in a way that admits fault by or imposes an obligation on an ABL Party without that party's written consent.
Force majeure. No ABL Party is responsible for delay, interruption, or failure caused by an event beyond its reasonable control, including natural disaster, epidemic, labor disruption, utility or telecommunications failure, cyberattack, governmental action, vendor failure, or transportation interruption, except to the extent applicable law provides otherwise.
No agency. These Terms do not create an employment, agency, partnership, joint venture, fiduciary, or franchise relationship between you and an ABL Party.
Third-party beneficiaries. The Practice and the other ABL Parties are intended third-party beneficiaries of provisions that expressly protect or benefit them and may enforce those provisions. There are no other third-party beneficiaries.
Assignment. You may not assign these Terms of Use without the Platform's written consent. The Platform may assign them in connection with a merger, reorganization, financing, sale of assets, or transfer of the Website or applicable business.
Severability. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions remain effective.
No waiver. Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.
Entire agreement. These Terms of Use are the entire agreement between you and the Platform concerning general Website use. The Website Privacy Policy is a separate notice of information practices. The Terms and Conditions of Service and related clinical documents separately govern Plans, purchases, and Services.
Survival. Sections 4 through 10 and Section 12 survive termination of Website access to the extent their nature requires.
13. Contact Information
For Website, checkout, nonclinical support, technology, and privacy questions:
A Better Lou MSO, LLC
333 N Wilmot Rd Ste 340-16
Tucson, AZ 85711
privacy@abetterlou.com
support@abetterlou.com
(520) 524-3202
For clinical privacy, medical-record, or Practice matters:
ABL Physician Services PLLC
333 N Wilmot Rd Ste 340-18
Tucson, AZ 85711
privacy@abetterlou.com
support@abetterlou.com
(480) 944-3221
Secure patient portal: https://abetterlou.canvasmedical.com/app/login
Ordinary email and support channels may not be secure, are not monitored continuously, and are not appropriate for urgent or detailed medical information. Contacting an ordinary support channel does not create a provider-patient relationship or guarantee a response time.
For an emergency, call 911 or go to the nearest emergency department.