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Terms of Service

Your agreement with First Choice Medicine Concierge for direct primary care services

1. Acceptance of Terms

By accessing or using the services of First Choice Medicine Concierge (“FCMC,” “we,” “us,” or “our”), operated by First Choice Med LLC, you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and First Choice Med LLC. If you do not agree to these Terms, you may not access or use our services.

These Terms apply to all patients, visitors, and users of our medical services, website, and communications channels. Your use of our services constitutes your acceptance of these Terms and our Privacy Policy.

2. Services Description

First Choice Medicine Concierge provides direct primary care medical services under the supervision of Dr. Ivan Goldsmith, MD. Our services include, but are not limited to:

• Primary care consultations and examinations
• Preventive care and wellness screenings
• Chronic disease management
• Telehealth and virtual consultations
• Coordination of specialist referrals
• Laboratory testing and diagnostic services
• Prescription management
• Health education and lifestyle counseling

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with or without prior notice.

3. Membership & Pricing

FCMC operates on a membership-based direct primary care model. Membership fees and payment terms are outlined in your membership agreement and may vary based on the selected membership tier. Payment is due according to the schedule specified in your membership agreement (monthly, quarterly, or annually).

Membership fees cover defined services as specified in your membership plan. Certain services, including but not limited to laboratory tests, imaging studies, specialist consultations, and prescription medications, may incur additional charges not included in membership fees. You will be informed of any additional costs before such services are rendered.

4. Payment Terms

Payment for membership fees and any additional services is due as specified in your membership agreement. We accept payment via credit card, debit card, health savings account (HSA), flexible spending account (FSA), or other agreed-upon payment methods.

Failure to pay fees when due may result in suspension or termination of membership and services. Returned payments, insufficient funds, or declined transactions may incur additional processing fees.

5. Cancellation & Refunds

You may cancel your membership at any time by providing written notice to FCMC. Cancellation will be effective according to the terms specified in your membership agreement. Any prepaid fees for the current membership period are generally non-refundable, except as required by law or as otherwise specified in your membership agreement.

FCMC reserves the right to terminate or suspend your membership and services at our discretion, including but not limited to situations involving disruptive behavior, non-payment, violation of these Terms, or circumstances that compromise patient safety or quality of care.

6. Patient Responsibilities

As a patient of FCMC, you agree to:

• Provide accurate and complete medical history and health information
• Inform us of any changes to your health status or medications
• Follow agreed-upon treatment plans and recommendations
• Attend scheduled appointments or provide reasonable notice of cancellation
• Treat our staff and healthcare providers with respect and professionalism
• Refrain from disruptive, threatening, or abusive behavior
• Communicate openly about your healthcare needs and concerns

7. Telehealth Consent

By participating in telehealth services through FCMC, you acknowledge and agree that:

• Telehealth services involve the delivery of healthcare services through electronic communication technologies
• You understand that telehealth may have limitations compared to in-person care, including inability to conduct physical examinations
• You are responsible for ensuring you have appropriate technology, internet connectivity, and a private environment for telehealth consultations
• Emergency situations should be addressed by calling 911 or visiting the nearest emergency department, not through telehealth services
• Telehealth consultations are documented in your medical record and subject to the same privacy and confidentiality protections as in-person visits

8. TCPA Consent to Communications

9. Intellectual Property

All content, materials, and intellectual property on FCMC’s website, mobile applications, and communications, including but not limited to text, graphics, logos, images, software, and code, are owned by First Choice Medicine Concierge or its licensors and are protected by copyright, trademark, and other intellectual property laws. Unauthorized reproduction, distribution, or use of this content is strictly prohibited.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRST CHOICE MED LLC, DR. IVAN GOLDSMITH, MD, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES OR THESE TERMS.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, OR CAUSES OF ACTION EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100.00).

NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless First Choice Med LLC, Dr. Ivan Goldsmith, MD, our officers, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys’ fees), or demands arising from:

• Your use of our services or violation of these Terms
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any content or information you provide to us
• Any disruptive, harmful, or illegal behavior by you

12. HIPAA Compliance & Health Information

FCMC is committed to protecting your health information in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and applicable Nevada state laws. Our Notice of Privacy Practices, which is provided separately, describes how we collect, use, disclose, and protect your protected health information (PHI). By using our services, you acknowledge receipt of our Notice of Privacy Practices and agree to our practices regarding your health information.

Electronic communications through our services, including patient portal messages and telehealth consultations, are subject to HIPAA privacy and security regulations. We employ appropriate safeguards to protect the confidentiality and security of your health information.

13. Dispute Resolution & Governing Law

These Terms and any disputes arising from or relating to these Terms or our services shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles.

Any disputes, claims, or controversies arising from or relating to these Terms or our services shall be resolved through binding arbitration in Clark County, Nevada, in accordance with the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding. Each party shall bear its own costs and attorneys’ fees, except as otherwise required by law.

NOTHING IN THESE TERMS SHALL PRECLUDE EITHER PARTY FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION FOR BREACH OF CONFIDENTIALITY OBLIGATIONS OR INTELLECTUAL PROPERTY INFRINGEMENT.

14. Third-Party Products, Marketing Partners & Endorsement Disclaimer

From time to time, FCMC may promote, recommend, or provide information about products, services, supplements, wellness programs, or other offerings from third-party marketing partners or affiliated businesses. These promotions may appear on our website, in marketing communications (including SMS, email, and social media), or during consultations.

Important Disclaimers:

• No Endorsement: Any mention, promotion, or distribution of third-party products or services does not constitute an endorsement, guarantee, or warranty by FCMC or First Choice Med LLC. We make no representations about the quality, safety, efficacy, or suitability of any third-party product or service.
• No Physician Liability: Dr. Ivan Goldsmith, MD, and any other physicians or healthcare providers affiliated with FCMC shall not be held personally or professionally liable for any claims, damages, injuries, or losses arising from the use of any third-party product or service promoted through our channels. Physician recommendations within the context of a direct patient encounter are subject to the standard of care and are separate from marketing partnerships.
• No Warranty: First Choice Med LLC disclaims all warranties, express or implied, with respect to third-party products or services, including any implied warranties of merchantability or fitness for a particular purpose.
• Independent Responsibility: You are solely responsible for evaluating and deciding whether to purchase or use any third-party product or service. We encourage you to consult with your healthcare provider before starting any new supplement, wellness program, or treatment.
• Compensation Disclosure: FCMC may receive compensation, commissions, or other remuneration from marketing partners for the promotion of their products or services. This does not affect the price you pay.
• Third-Party Terms: Purchases or interactions with third-party businesses are governed by their own terms and conditions, privacy policies, and return policies. FCMC is not a party to those agreements and bears no responsibility for third-party business practices.

Any claims, disputes, or issues related to third-party products or services must be directed to the respective third-party provider. First Choice Med LLC and its physicians assume no liability for such claims.

15. Modifications to Terms

We reserve the right to modify these Terms at any time, and such modifications shall be effective upon posting the updated Terms on our website or notifying you through other reasonable means. Your continued use of our services after modifications constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically for any changes.

Material changes to these Terms will be communicated to you through prominent notice on our website, email notification, or other reasonable means. If you do not agree to the modified Terms, you must discontinue use of our services.

16. Severability

If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy, any membership agreement, and our Notice of Privacy Practices, constitute the entire agreement between you and First Choice Med LLC regarding your use of our services. These Terms supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.

18. Contact Information & Opt-Out Procedures

To revoke your consent to receive TCPA-regulated communications (SMS text messages, telephone calls, emails):

• SMS/MMS: Reply with the keyword STOP or UNSUBSCRIBE to any message you receive from us
• Email: Use the unsubscribe link included in the footer of every email we send
• Phone Calls: Contact us directly at (702) 448-1100 to revoke consent for telephone calls
• General: Send a written request to info@firstchoicemedicine.com or the address above

Opt-out requests will be processed within 10 business days. You may continue to receive essential healthcare-related communications even after opting out of marketing messages.