PATIENT REGISTRATION AGREEMENT

Please read the following MetReset Patient Registration Agreement (“Registration Agreement”) carefully before deciding whether to register for access to the non-public portions of this MetReset website ("Portal") or register use of the MetReset mobile app (“App”), which are both provided to you by MetReset (“MetReset” or “we”) for the benefit of  the Participating Providers (each, a “Provider”). The Portal and App are collectively referred to below as the “Platform”. This Platform will permit you to request and access certain telemedicine services and consultations (“Services”) as provided by the Providers, together with your identifiable health information whether submitted by you or generated as a result of your use of the Services ("Health Information").

If you elect to use the App, the App is made available by MetReset for the benefit of the Providers via the Apple App Store or Google Play. Use of the mobile app is further subject to the End User License Agreement made available with the App.

BY CLICKING “I AGREE” BELOW, YOU ARE COMPLETING YOUR REGISTRATION FOR ACCESS TO THE PLATFORM ON BEHALF OF YOURSELF OR THE INDIVIDUAL PATIENT FOR WHOM YOU ARE THE LEGAL REPRESENTATIVE AND YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS Registration AGREEMENT WITH MetReset. IF YOU DO NOT AGREE, YOU SHOULD CLICK “I DO NOT AGREE” AND YOU WILL NOT BE PERMITTED TO ACCESS THE PLATFORM AND COMPLETE YOUR REGISTRATION FOR THE ACCESS TO THE SERVICES.

MAKE SURE TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

1. No Medical Advice by MetReset.  MetReset does not provide any medical advice of any kind.    MetReset is a platform that is used to connect you with a medical provider.

THE PLATFORM SHOULD NEVER BE USED FOR URGENT HEALTH CARE MATTERS. IF YOU ARE EXPERIENCING AN URGENT MATTER OR OTHERWISE NEED IMMEDIATE ATTENTION, CALL 911.

MetReset is not an insurance provider.

Services are not available outside the United States.

1. Consent to Electronic Communications

Under applicable laws, MetReset is required to obtain your consent to engage in certain electronic communications and transactions with you.  By clicking “I Agree” below, you confirm that we have your consent to communicate with you electronically and to engage in certain electronic transactions with you, including the ability to obtain your electronic signature for authorizations and other communications in connection with the provision of the Services, access to the Platform related to the same, and all other transactions or services related to the same.

By clicking “I Agree” below and confirming your consent to engage in electronic communications, you are agreeing to the electronic receipt of MetReset policies and communications via e-mail, text message, and the Platform, as well as agreeing that any electronic signatures that you may provide are binding signatures with the full force of a written signature.

You may withdraw your consent to engage in electronic communications and transactions at any time by contacting us at the contact information below, which will terminate your access to the Platform.

You may update your electronic contact information that we have on file by going to the “My Account” section of the Platform or by contacting us at the contact information below.

Access to and use of the Platform is dependent upon electronic communications and transactions.  This consent is voluntary and you may refuse to agree to this consent and Registration Agreement, but your ability to access and use the Platform will be restricted.

1. Solicitation to Request Access

Nothing on this Platform constitutes an "offer" on behalf of MetReset or the Providers, but is rather an invitation for you to request to access the Services via the Platform. You will be required to submit certain information to MetReset in order to complete your registration. This information includes certain personally identifiable information as well as your medical history. All information submitted to or collected by MetReset, whether or not on behalf of the Providers, is set forth in our Privacy Policy and may also be subject to the Providers’ Notice of Privacy Practices.

MetReset may require additional verifications or information before granting any request to access the Platform or Services.

All offers set forth on the Platform are void where prohibited.

Following our receipt of your completed registration request to access the Platform, MetReset will send you electronic confirmation of your registration to the e-mail address you provide.

1. Consent and Agreement

Your use of the Platform is subject to the posting of any official terms or policies, including without limitation the Privacy Policy.

1. User Names and Access

If your registration is confirmed by MetReset, you will be provided with access to the Platform via a user name and password that you select during the registration process. You are responsible for all activity under any user name assigned to your account. You have the sole responsibility for ensuring the confidentiality of the user name and password for your account. You agree to immediately notify MetReset of any unauthorized use of your account or any user name assigned to your account and any other breach of security of which you become aware.

1. Services

Subject to approval of your request for Platform access and your compliance with this Registration Agreement, MetReset grants to you a non-exclusive, non-transferable, limited license to access and use the Platform solely for your personal use.

We reserve the right to change, modify, suspend or discontinue any aspect of the Services available, or the Platform in its entirety, at any time without notice.

You acknowledge that you will be responsible for (i) obtaining and maintaining all computer hardware, software and communications equipment necessary to access the Platform, and (ii) paying all third-party telecommunications or other charges incurred by you while using the Platform, including any telecommunications data charges.

You will need to complete your medical history via the Platform before you will be able to access Services from the Providers. All such information is subject to our Privacy Policy and, as set forth in the Privacy Policy will be shared with the Providers in order for the Providers to provide the Services.

THE HEALTH INFORMATION MADE AVAILABLE TO YOU ON THE PLATFORM IS YOUR IDENTIFIABLE HEALTH INFORMATION MAINTAINED IN YOUR ELECTRONIC HEALTH RECORDS MAINTAINED BY MetReset ON BEHALF OF THE PROVIDER. YOU ACKNOWLEDGE THAT MetReset HAS NO RESPONSIBILITY OR LIABILITY FOR THE HEALTH INFORMATION USED OR THE SERVICES PROVIDED BY THE PROVIDERS.

The Platform is only a venue for you to obtain access to the Health Information and Services. Prior to making a request for any Services, you will be required to review and agree to the Provider-specific Terms of Service from the Provider. Your request to receive Services will not be processed unless and until the Provider has received confirmation of your agreement to the applicable Terms of Service. Neither MetReset nor its vendors is a party to, nor is MetReset or its vendors otherwise involved in, any transactions entered into between you and the Provider, even if such transaction occurs via this Platform. Furthermore, neither MetReset nor its vendors will be liable for any dispute that arises between you and the Provider or any third party.

You may elect to provide access to your Health Information to your existing primary care physician. If you wish for MetReset to send your Health Information to your primary care physician, insurance provider or any other third party, you will be required to complete a HIPAA Authorization {link} permitting us to transfer that information.

1. Proprietary Ownership

You acknowledge that the Platform and all content, and underlying technology, names, logos, text, audio, forms, documents, materials, data, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this Platform are the sole property of the Provider, MetReset, or its vendors, as applicable, and are protected by copyright, trademark, service mark, trade secret, trade dress, patent, and other intellectual property laws, as applicable. You acquire no right, title or interest in the Platform or Services, or any copyrighted works, trademarks or any other intellectual property except the limited license to use the Platform granted in Section 5 above.

Any feedback, suggestions, solutions, improvements, corrections or other contributions you provide regarding the Services or Platform become the sole property of MetReset and you agree to assign and hereby assign any and all such rights to MetReset without charge. You further agree to take all acts reasonably requested by MetReset to confirm MetReset’s ownership of such items.

Notwithstanding the above, certain portions of the Platform may permit and facilitate communications via the Platform between patients and Provider physicians, which will be kept confidential as required by law.

1. Prohibited Uses

Nothing in this Registration Agreement may be construed as granting you any other right in the Platform outside of the limited license to access the Platform, Health Information, and Services. You may not otherwise use, reproduce, modify, mirror, transmit, display, make, offer to sell, sell, license, decompile, disassemble, reverse engineer, distribute, or create derivative works from the Platform or any part thereof, or any content or technology contained therein. You may not send unsolicited messages (e.g. spam) through the Platform, or post or submit information containing viruses, or any computer programs that result or may result in the damage, interference with or interception or expropriation of this Platform, or any related system, software, hardware, data or other information. You may not use any robot, spider or other automatic device or manual process to monitor or copy the Platform web pages or any content contained on or available through this Platform.

You may not use the Platform: (i) in an offensive manner towards any individual or person; (ii) for political purposes; (iii) to harm or exploit minors in any way; (iv) to post, submit or transmit unlawful, harmful, tortuous, defamatory, profane, libelous, hateful or otherwise offensive material; (v) in a racially, ethnically or otherwise impermissibly discriminating manner; (vi) to post or reference obscene, pornographic, indecent or illegal materials; (vii) to discuss, incite or otherwise solicit illegal activity; or (viii) in any manner that infringes upon the rights of any individual or other person, including, but not limited to intellectual property, publicity or privacy rights.

MetReset may, but has no obligation to, access and review all information and data provided by you for compliance with the terms of this Registration Agreement or otherwise as set forth in the applicable Privacy Policy.

1. Cancellation and Termination

MetReset reserves the right to terminate or suspend your access to and use of the Platform and access to the Services, in part or in whole, at any time in the event of: (i) your breach or suspected breach of any of the provisions of this Agreement, including without limitation the Privacy Policy; (ii) your use or misuse of the Platform or Services, for any activity or course of conduct that MetReset deems to be unlawful or unethical; (iii) in the event MetReset reasonably determines that such termination is necessary or proper; or (iv) MetReset ceases providing the Platform or access to the Services.

1. No Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. MetReset, the Providers, and their respective affiliates, vendors, and suppliers are not RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE PLATFORM.

IN NO EVENT WILL MetReset, THE PROVIDERs, OR ANY OF THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY

WAY RELATED TO (I) THE PLATFORM, (II) THE USE OR PERFORMANCE OF THIS PLATFORM OR ANY LINKED WEBSITE OR ANY CONTENT OR OTHER MATERIAL OR INFORMATION OBTAINED THROUGH THIS PLATFORM, OR (III) OTHERWISE ARISING OUT OF THE PLATFORM SERVICES OR THE USE OR THE INABILITY TO USE THIS PLATFORM, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MetReset, THE PROVIDERS, OR ANY OF THEIR RESPECTIVE VENDORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF MetReset, THE PROVIDERS, AND THEIR AFFILIATES AND VENDORS FOR ANY REASON EXCEED $1,000.00 US DOLLARS, REGARDLESS OF WHETHER THE FOREGOING REMEDIES SHOULD FAIL OF THEIR ESSENTIAL PURPOSE.

THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

ALL SERVICES ARE PROVIDED BY THE PROVIDERS PURSUANT TO THEIR TERMS OF SERVICE AND MetReset HAS NO RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OF THOSE SERVICES BY THE PROVIDERS.

1. No Warranty

THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. MetReset, THE PROVIDERS, AND THEIR RESPECTIVE VENDORS AND AFFILIATES DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. NONE OF MetReset, THE PROVIDERS, OR THEIR RESPECTIVE VENDORS AND AFFILIATES MAKE ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, (B) ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE PLATFORM, OR (C) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE PLATFORM.

None of MetReset, the Providers, or their respective vendors or affiliates have any responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communication.

MetReset provides the Platform to you through the Internet, which is subject to outages, communication and data flow failures, interruptions and delays inherent in Internet communications. You recognize that problems with the Internet, including equipment, software and network failures, impairments or congestion, or the configuration of your computer systems, may prevent, interrupt or delay your access to the Platform. None of MetReset, the Providers, or their respective vendors or affiliates are liable for any delays, interruptions, suspensions or unavailability of the Platform, or any portion of the Platform, attributable to problems with the Internet or configuration of your computer systems. There is no warranty or guarantee that access or use of the Platform or access to Services will be uninterrupted or error-free.

No advice or information, whether oral or written, obtained by you from MetReset, the Providers or their respective affiliates or vendors in any manner will create any warranty.

1. Your Representations and Warranties

By clicking “I Agree” below, you represent and warrant that: (i) you are at least eighteen (18) years of age; (ii) you have the legal ability and authority to enter into this Registration Agreement with MetReset; (iii) the information you have provided to MetReset in your registration application is accurate and complete; (iv) you will comply with any and all laws applicable to your use of the Platform; (v) you will not interfere with a third party’s use and enjoyment of the Platform; and (vi) you will not interfere with or disrupt MetReset’s, the Providers’ or their vendors’ security measures. If any information you provide to MetReset becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify MetReset.

1. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MetReset, THE PROVIDERS, AND THEIR RESPECTIVE VENDORS, AFFILIATES, AND THEIR OFFICERS, MEMBERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, SUPPLIERS, AND AGENTS FROM ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES)ARISING FROM ANY PLATFORM ACTIVITY INVOLVING YOUR USER ID, YOUR VIOLATION OF THIS Registration AGREEMENT, OR YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION. NOTWITHSTANDING THE FOREGOING, MetReset, THE PROVIDERS, AND THEIR RESPECTIVE VENDORS RESERVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

1. Interpretation and Disputes

This Registration Agreement is governed by and interpreted under the laws of the State of New York and the federal laws of the United States, without regard to conflicts of laws principles. This Registration Agreement and access to the Platform will be deemed to have been performed and occurred in the State of New York and the courts of that New York will have exclusive jurisdiction to entertain any action arising under this Registration Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of New York, the County of New York, and the Southern District of New York, as applicable, and waive any objections as to personal jurisdiction, venue and forum nonconveniens.  Any claim, dispute, or controversy arising from or relating to the Platform or this Registration Agreement will be resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”) under the Code of Procedure (“Code”) of the NAF in effect at the time the claim is filed. Any such arbitration will take place in New York County, New York. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. The decision of the arbitrator will be a final and binding resolution of the claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, MetReset may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its website or systems, without the posting of a bond, proof of damages or other similar requirement.

Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Registration Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.

Our electronically or otherwise properly stored copy of this Registration Agreement will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of this Registration Agreement in connection with any action or proceeding arising out of or relating to this Registration Agreement. Any waiver of any portion of this Registration Agreement will be effective only if in writing and signed by MetReset.

1. Contacting Us

If you have any other questions or concerns regarding this Registration Agreement, please contact us at: support@metreset.me.

Entire Agreement

By clicking “I Agree”, you hereby agree to the above Registration Agreement, together with the Privacy Policy and the Terms of Use. These documents constitute the entire agreement between you and MetReset with respect to the subject matter discussed above. Any waiver of any provision of this Registration Agreement will be effective only if in writing and signed by MetReset. This Registration Agreement supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. This Registration Agreement will inure to the benefit of MetReset’s successors, assigns, and licensees.

Print a copy of this Agreement for your records!

By clicking “I Agree,” you affirmatively agree to be bound by this Registration Agreement, including without limitation the Privacy Policy. If you do not agree to be bound by this Registration Agreement, including without limitation the Privacy Policy, do not agree to this Registration Agreement and you will not submit your request to access the Platform.