Terms of Use & Conditions

Effective Date: June 27th, 2026

Welcome to the Advanced Practice Nursing Specialists (“APNS,” “we,” “our,” or “us”) website and related services.

These Terms of Use and Conditions (“Terms” or “Agreement”) govern your access to and use of the APNS website, patient portal, telehealth platform, mobile applications, electronic communications, online scheduling tools, educational resources, and all healthcare and non-healthcare services provided by APNS.

Please read these Terms carefully before using our website or services.

By accessing the APNS website, creating an account, completing patient registration, scheduling an appointment, submitting a medical intake, communicating electronically with APNS, or receiving healthcare services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree to these Terms, you may not access or use the APNS website or services.

Article I — Definitions

For purposes of these Terms:

“APNS” refers to Advanced Practice Nursing Specialists and its owners, affiliated entities, providers, employees, contractors, agents, successors, assigns, and authorized representatives unless the context indicates otherwise.
“Website” means www.apnshealth.com, all associated webpages, patient portals, mobile applications, telehealth platforms, electronic communications, and related online services operated by APNS.
“Services” means any healthcare services, telehealth services, educational materials, scheduling services, communications, administrative services, patient portals, online forms, or other products or services offered by APNS.
“Provider” means any physician, nurse practitioner, physician assistant, registered nurse, naturopathic physician (where applicable), therapist, consultant, or other licensed healthcare professional providing services through APNS.
“Patient”, “You,” or “Your” refers to any individual accessing the Website, registering for services, receiving healthcare services, or otherwise interacting with APNS.
“Telehealth” means the delivery of healthcare services through secure electronic communications, including synchronous video visits, asynchronous consultations, remote patient communications, secure messaging, and other technologies permitted by applicable law.

Article II — About APNS

Advanced Practice Nursing Specialists (APNS) is a cash-pay, fee-for-service medical practice that provides healthcare services through appropriately licensed healthcare professionals using telehealth technologies and other legally authorized methods of healthcare delivery.

Unlike traditional insurance-based medical practices, APNS generally does not participate with commercial insurance plans, Medicare, Medicaid, TRICARE, or other third-party payers unless specifically stated otherwise for a particular service or jurisdiction.

Healthcare services are provided only where permitted by applicable federal and state laws and only by providers who are appropriately licensed or otherwise authorized to provide care in the patient’s location.

Article III — Acceptance of These Terms

By using the APNS Website or Services, you represent and warrant that:

You are at least eighteen (18) years of age, or otherwise have the legal authority to consent to medical treatment or enter into this Agreement.
Any information you provide is truthful, accurate, current, and complete.
You have the legal authority to enter into this Agreement.
You will comply with all applicable federal, state, and local laws while using the Website and Services.
You will comply with all APNS policies, including those incorporated into these Terms.

If you are accepting these Terms on behalf of another individual, including a minor child or legally incapacitated adult, you represent that you possess the legal authority to do so.

Article IV — Incorporated Policies

The following APNS policies are incorporated into these Terms by reference and form part of this Agreement:

Privacy Policy
Notice of Privacy Practices
Financial Policy
Refund Policy
Website Disclaimer
Telehealth Consent
Code of Conduct
Fee Schedule
Any additional policies published by APNS from time to time

If a conflict exists between these Terms and another APNS policy, the more specific policy shall control with respect to its particular subject matter.

Article V — Modifications to These Terms

Healthcare regulations, technology, clinical practice standards, and business operations change over time.

Accordingly, APNS reserves the right to modify these Terms at any time.

Revised Terms become effective immediately upon posting unless otherwise specified.

Your continued use of the Website or Services after revised Terms become effective constitutes your acceptance of the updated Terms.

Material changes may also be communicated through the patient portal, email, or other electronic communications when appropriate.

Article VI — Eligibility to Use the Website

The APNS Website is intended for individuals seeking healthcare information or medical services.

You may not use the Website if:

You are prohibited from doing so by applicable law.
You have previously been suspended or terminated by APNS.
You provide false identity information.
You impersonate another individual.
You use another person’s account without authorization.
You attempt to obtain medical services fraudulently.

APNS reserves the right to deny access to the Website or Services at any time for any lawful reason.

Article VII — No Emergency Services

THE APNS WEBSITE AND TELEHEALTH SERVICES ARE NOT INTENDED FOR MEDICAL EMERGENCIES.

If you believe you are experiencing a medical emergency, immediately call 911 or proceed to the nearest emergency department.

Examples of medical emergencies include, but are not limited to:

Chest pain
Difficulty breathing
Stroke symptoms
Severe allergic reactions
Loss of consciousness
Seizures
Significant trauma
Uncontrolled bleeding
Suicidal thoughts
Homicidal thoughts
Any condition that could reasonably result in death or serious bodily harm without immediate treatment

APNS does not monitor the Website, patient portal, email, or electronic communications for emergency situations and assumes no responsibility for delays in responding to emergency communications.

Patients should never rely upon email, text messaging, website forms, or patient portal messages to obtain emergency medical care.

Article VIII — Website Purpose

The APNS Website serves several purposes, including:

Providing general educational health information.
Describing APNS medical services.
Allowing patients to register for care.
Scheduling appointments.
Completing patient intake forms.
Participating in telehealth visits.
Accessing educational resources.
Communicating with providers through approved communication methods.

Unless specifically stated otherwise, information contained on the Website is provided solely for educational purposes and should not be interpreted as individualized medical advice.

Use of the Website alone does not establish a provider-patient relationship.

A provider-patient relationship is established only after APNS accepts a patient for care and a licensed provider performs an individualized clinical evaluation.

Article IX — Limited License to Use the Website

Subject to these Terms, APNS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, lawful, and non-commercial use.

This license does not transfer ownership of any intellectual property rights.

Except as expressly permitted by law or with APNS’s prior written consent, you may not:

Copy, reproduce, republish, distribute, or publicly display Website content.
Modify or create derivative works.
Sell or license Website content.
Reverse engineer Website software.
Remove copyright or proprietary notices.
Use Website content for commercial purposes.
Use automated software to harvest Website content.

Violation of this license automatically terminates your permission to use the Website.

Article X — Website Availability

APNS strives to maintain continuous access to its Website and Services but does not guarantee uninterrupted availability.

The Website may be temporarily unavailable because of:

Scheduled maintenance.
Software updates.
Equipment failures.
Internet outages.
Cybersecurity events.
Third-party service interruptions.
Natural disasters.
Governmental actions.
Circumstances beyond APNS’s reasonable control.

APNS shall not be liable for temporary interruptions or inability to access the Website or Services.

Article XI — Patient Accounts

Certain features of the APNS Website require patients to create an account or register before accessing healthcare services.

You agree that all information provided during registration is accurate, truthful, current, and complete.

You further agree to promptly update your information whenever changes occur, including changes to your:

Name
Address
Telephone number
Email address
Emergency contact
Pharmacy
Medications
Allergies
Medical history
Payment information
Other information relevant to your medical care

APNS reserves the right to suspend or terminate accounts containing false, misleading, incomplete, or fraudulent information.

Article XII — Account Security

You are responsible for maintaining the confidentiality of your account credentials.

You agree to:

Maintain the security of your username and password.
Use a strong password.
Not share your account credentials with another person.
Immediately notify APNS if you suspect unauthorized access.
Log out after using shared or public devices.

You are responsible for all activity occurring under your account until APNS receives notice that your account has been compromised.

APNS is not responsible for losses resulting from your failure to safeguard your account credentials.

Article XIII — Identity Verification

To protect patient safety and comply with applicable laws, APNS reserves the right to verify your identity before providing healthcare services.

Identity verification may include requesting:

Government-issued identification
Date of birth
Address
Telephone number
Selfie or live video verification
Other reasonable identifying information

Providers may decline to provide care whenever patient identity cannot be reasonably verified.

Article XIV — Accurate Information

Safe medical care depends upon accurate information.

You agree that all information submitted to APNS—including medical histories, questionnaires, medication lists, allergies, symptoms, photographs, uploaded documents, and communications—is complete and truthful to the best of your knowledge.

Knowingly providing false, misleading, incomplete, altered, or fraudulent information may result in:

Delay of treatment;
Refusal of medical services;
Termination of the provider-patient relationship;
Permanent account suspension;
Reporting to appropriate authorities when required by law.

APNS shall not be responsible for medical decisions based upon inaccurate or incomplete information supplied by the patient.

Article XV — Telehealth Requirements

Telehealth is an effective method of delivering healthcare for many medical conditions but has important limitations.

By requesting telehealth services, you acknowledge and understand that:

A physical examination may not be possible.
Certain medical conditions cannot be safely diagnosed or treated remotely.
Additional laboratory testing, imaging, or in-person evaluation may be necessary.
Technical failures may interrupt care.
Your provider may determine that telehealth is not appropriate for your condition.

Telehealth is provided only where legally permitted and only by appropriately licensed providers.

Patients are responsible for participating in telehealth visits from a private location whenever possible.

Article XVI — Technology Requirements

Patients are responsible for ensuring they possess technology capable of supporting telehealth services.

Minimum requirements include:

Reliable internet access;
Compatible computer, tablet, or smartphone;
Working camera;
Working microphone;
Functional speakers or headphones;
Updated web browser or application.

Patients are responsible for testing their equipment before appointments.

Technical issues originating from patient equipment, software, internet service, or device configuration remain the patient’s responsibility.

Article XVII — Visit Types

APNS offers multiple appointment types to better match the patient’s medical concern and level of complexity.

Visit types may include:

Asynchronous (Async) Visits
Synchronous On-Demand Visits
Scheduled Synchronous Visits
Specialty Consultations

Descriptions, pricing, and limitations for each visit type are published in the APNS Fee Schedule and Understanding Visit Types page.

APNS reserves the right to modify appointment types, pricing, duration, scheduling methods, and availability at any time.

Article XVIII — Provider Clinical Judgment

Every medical decision made by an APNS provider is based upon the provider’s independent professional judgment, applicable laws, accepted standards of medical practice, and the information available during the patient’s evaluation.

Nothing contained within the APNS Website, educational materials, advertisements, pricing, questionnaires, intake forms, or visit descriptions guarantees that a provider will:

Establish a particular diagnosis;
Prescribe a requested medication;
Continue a previous medication;
Order laboratory testing;
Order diagnostic imaging;
Provide a referral;
Recommend a requested treatment; or
Agree with a patient’s self-diagnosis.

Medical care is individualized and determined solely by the treating provider.

Article XIX — Right to Refuse or Limit Care

APNS providers reserve the right to decline, postpone, limit, or discontinue treatment whenever, in the provider’s professional judgment:

Telehealth is not appropriate.
Additional evaluation is necessary.
The requested treatment is medically inappropriate.
A requested medication cannot legally or safely be prescribed.
Additional records are needed.
A physical examination is required.
Emergency evaluation is indicated.
Specialist consultation is appropriate.
The patient has submitted inaccurate or misleading information.
The patient refuses to cooperate with reasonable medical recommendations.
The requested service violates applicable law or professional standards.

Payment for an appointment does not obligate APNS or its providers to provide any particular treatment or prescription.

Article XX — Patient Responsibilities

Patients are expected to actively participate in their healthcare.

Patients agree to:

Provide truthful medical information.
Follow provider instructions.
Use medications only as prescribed.
Keep follow-up appointments when medically indicated.
Inform providers of significant changes in health status.
Maintain accurate contact information.
Seek emergency care when instructed.
Notify APNS of adverse medication reactions or significant complications.

Patients remain responsible for healthcare decisions made after receiving medical advice from APNS.

Article XXI — Patient Code of Conduct

APNS is committed to providing a safe, respectful, and professional environment for patients and healthcare providers.

Patients agree to conduct themselves respectfully during all interactions with APNS.

Examples of prohibited conduct include:

Profanity or abusive language.
Threats.
Harassment.
Sexual comments or behavior.
Discrimination.
Intimidation.
Inappropriate attire during video visits.
Recording providers or staff without permission where prohibited by law.
Repeated disruptive behavior.
Fraudulent requests for medications.
Attempts to obtain controlled substances through deception.
Misrepresentation of symptoms.
Uploading altered or fraudulent medical documentation.

APNS reserves the right to immediately terminate any visit, suspend accounts, refuse future services, or terminate the provider-patient relationship when patient conduct compromises safety, professionalism, or the ability to provide appropriate medical care.

Article XXII — Acceptable Use of the Website

You agree to use the APNS Website only for lawful purposes.

You agree not to:

Interfere with Website operations.
Circumvent security measures.
Upload malicious software.
Attempt unauthorized access.
Scrape or harvest Website content.
Reverse engineer Website software.
Impersonate another individual.
Submit fraudulent medical information.
Use automated software to interact with the Website.
Violate applicable laws.
Use the Website to harass, threaten, or abuse others.
Use the Website for commercial purposes without written authorization.

Violation of these provisions may result in immediate termination of Website access and legal action where appropriate.

Article XXIII — Account Suspension and Termination

APNS may suspend or terminate Website access, patient accounts, or future services at any time when reasonably necessary to:

Protect patient safety.
Protect providers or staff.
Prevent fraud.
Maintain Website security.
Enforce these Terms.
Comply with legal obligations.
Protect APNS property or reputation.

Termination of Website access does not affect outstanding financial obligations, medical record retention requirements, arbitration provisions, intellectual property rights, or any other provisions that are intended to survive termination of this Agreement.

Article XXIV — Fees, Payment, and Financial Responsibility

APNS is a cash-pay, fee-for-service medical practice. Unless expressly stated otherwise, APNS does not participate with, contract with, or bill commercial insurance companies, Medicare, Medicaid, TRICARE, or other third-party payers for medical services.

Payment is required before services are rendered unless other arrangements have been approved by APNS in writing.

By scheduling an appointment or submitting a medical intake, you agree to pay all applicable fees associated with your visit.

Current pricing is published in the APNS Fee Schedule. APNS reserves the right to modify fees, appointment types, or pricing at any time. Updated fees apply prospectively and do not affect appointments already purchased.

Article XXV — Payment Does Not Guarantee Treatment

Healthcare is based upon individualized medical judgment.

Payment for an appointment compensates APNS providers for their:

Professional time;
Medical expertise;
Clinical judgment;
Review of your medical history;
Medical evaluation;
Documentation;
Care planning; and
Professional recommendations.

Payment does not guarantee that:

A diagnosis will be established.
A prescription will be issued.
A requested medication will be prescribed.
Controlled substances will be prescribed.
Laboratory testing will be ordered.
Imaging studies will be ordered.
Referrals will be made.
A requested treatment plan will be approved.
A particular medical outcome will occur.

Medical recommendations are based solely upon the provider’s independent professional judgment.

Article XXVI — Refund Policy

The APNS Refund Policy is incorporated into these Terms by reference.

By submitting a medical intake and completing payment, you acknowledge and agree that:

Your provider’s professional review begins once your submitted intake enters the provider review queue.
Appointment fees compensate providers for professional services rather than specific outcomes.
Appointment fees become non-refundable in accordance with the APNS Refund Policy.

The complete Refund Policy is available on the APNS website and forms part of these Terms.

Article XXVII — Insurance Disclaimer

APNS operates independently of commercial health insurance.

Patients acknowledge that:

APNS generally does not bill insurance companies.
APNS generally does not participate with commercial insurance plans.
APNS generally does not participate with Medicare or Medicaid unless expressly stated otherwise.
Patients are financially responsible for all services received.

Upon request, APNS may provide an itemized receipt or superbill for patients wishing to independently seek reimbursement.

APNS makes no guarantee that any service will be reimbursed by an insurance company, HSA, FSA, HRA, or other third-party payer.

Insurance coverage decisions are made solely by the patient’s insurance company.

Article XXVIII — Prior Authorization Policy

Because APNS is a cash-pay practice, APNS does not perform insurance administrative services.

Accordingly, APNS does not:

Obtain prior authorizations.
Submit prior authorization requests.
Appeal insurance denials.
Complete insurance medical necessity forms.
Participate in peer-to-peer reviews.
Contact insurance companies regarding benefits.
Verify insurance coverage.
Negotiate reimbursement.

Patients requiring insurance prior authorization services should obtain care through a participating insurance provider.

Article XXIX — Pharmacy, Laboratory, and Third-Party Services

APNS may prescribe medications or recommend services provided by independent third parties.

These may include:

Pharmacies;
Compounding pharmacies;
Laboratories;
Imaging centers;
Specialists;
Hospitals;
Durable medical equipment suppliers;
Medical device manufacturers.

These organizations operate independently from APNS.

APNS is not responsible for:

Pharmacy inventory;
Drug shortages;
Shipping delays;
Insurance coverage decisions;
Pricing;
Pharmacy substitutions;
Laboratory turnaround times;
Imaging scheduling;
Third-party billing;
Third-party business practices.

Questions regarding third-party services should be directed to the organization providing those services.

Article XXX — Compounded Medications

Certain medications prescribed by APNS may be compounded by licensed compounding pharmacies.

Patients acknowledge that:

Compounded medications are prepared specifically for individual patients.
Certain compounded medications may represent off-label uses of FDA-approved medications.
Some compounded medications may not themselves be individually approved by the U.S. Food and Drug Administration.
Compounding pharmacies operate independently from APNS.

APNS does not manufacture compounded medications and is not responsible for pharmacy formulation methods, ingredient sourcing, shipping, inventory, pricing, or production delays.

Patients should discuss pharmacy-specific questions directly with the dispensing pharmacy.

Article XXXI — Prescription Policies

Prescription decisions remain solely within the professional judgment of the treating provider.

Providers may decline to prescribe medications whenever:

Medical necessity is not established.
Requested treatment is inappropriate.
Additional evaluation is required.
Applicable laws prohibit prescribing.
Safety concerns exist.
Additional records are necessary.
Drug interactions or contraindications are identified.

Patients acknowledge that requesting a medication does not create an obligation for the provider to prescribe it.

Article XXXII — Controlled Substances

Unless expressly stated otherwise, APNS does not guarantee evaluation for or prescribing of controlled substances.

Providers reserve absolute discretion to:

Decline controlled substance requests.
Require additional documentation.
Require in-person evaluation.
Require specialist evaluation.
Decline treatment whenever controlled substances cannot be safely prescribed.

Attempts to obtain controlled substances through deception, multiple accounts, altered documentation, or false statements may result in immediate termination of services and referral to appropriate authorities when permitted or required by law.

Article XXXIII — Intellectual Property

All Website content is owned by APNS or its licensors unless otherwise indicated.

Protected content includes:

Text;
Graphics;
Logos;
Trademarks;
Educational materials;
Videos;
Images;
Downloads;
Forms;
Clinical protocols;
Website design;
Software;
Databases.

These materials are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

No ownership rights are transferred through use of the Website.

Article XXXIV — Limited License

APNS grants visitors a limited, revocable, non-exclusive, non-transferable license to access the Website solely for personal, lawful, non-commercial purposes.

Without prior written permission, you may not:

Copy Website content.
Reproduce Website content.
Republish materials.
Modify content.
Create derivative works.
Sell Website content.
License Website content.
Mirror the Website.
Use Website content for commercial purposes.

Unauthorized use automatically terminates this license.

Article XXXV — Copyright and DMCA

APNS respects the intellectual property rights of others.

If you believe copyrighted material has been improperly posted on the Website, you may submit a written copyright notice to:

DMCA Agent, Advanced Practice Nursing Specialists (APNS)
Email: info@apnshealth.com

Your notice should include sufficient information to identify the copyrighted work, the allegedly infringing material, your contact information, and a statement made under penalty of perjury that your claim is made in good faith.

APNS reserves the right to remove allegedly infringing content while claims are investigated.

Article XXXVI — User Submissions

Any information, reviews, comments, suggestions, photographs, testimonials, feedback, or other non-medical content voluntarily submitted to APNS may be used by APNS to improve services, provided such use complies with applicable privacy laws.

Protected Health Information remains governed by HIPAA, the APNS Notice of Privacy Practices, and the APNS Privacy Policy.

Patients should avoid submitting confidential medical information through public website forms, social media, or other unsecured communication channels.

Article XXXVII — Social Media

APNS maintains social media accounts for educational and informational purposes.

Interactions through social media do not establish a provider-patient relationship.

Patients should never post personal medical information through public social media platforms.

APNS reserves the right to remove comments or block users engaging in harassment, profanity, misinformation, unlawful activity, or inappropriate conduct.

Article XXXVIII — Privacy and Protected Health Information

Protecting patient privacy is one of APNS’s highest priorities.

The collection, use, storage, and disclosure of patient information is governed by:

The APNS Privacy Policy;
The APNS Notice of Privacy Practices;
HIPAA (Health Insurance Portability and Accountability Act);
The HITECH Act;
Applicable federal and state privacy laws; and
Other applicable healthcare regulations.

By using the Website or Services, you acknowledge that you have had the opportunity to review the APNS Privacy Policy and Notice of Privacy Practices.

Nothing contained within these Terms supersedes your rights under HIPAA or applicable state privacy laws.

Article XXXIX — Electronic Communications

By registering with APNS, you consent to receive communications relating to your healthcare and your account.

Communications may include:

Appointment confirmations;
Appointment reminders;
Patient portal notifications;
Prescription notifications;
Laboratory or imaging notifications;
Billing communications;
Security alerts;
Practice announcements;
Educational materials;
Administrative communications.

Communications may be delivered by:

Secure patient portal;
Email;
Telephone;
SMS/text messaging;
Postal mail; or
Other electronic communication methods permitted by law.

Patients are responsible for maintaining accurate contact information and promptly notifying APNS of any changes.

Although APNS uses reasonable safeguards to protect electronic communications, no electronic communication system can be guaranteed to be completely secure.

Patients should avoid sending urgent medical concerns or highly confidential medical information through unsecured email or text messaging.

Article XL — Telehealth Consent

Telehealth services provided through APNS are subject to the APNS Telehealth Consent and applicable federal and state laws.

By participating in telehealth services, you acknowledge that:

You understand the benefits and limitations of telehealth.
Telehealth may not be appropriate for every medical condition.
Your provider may recommend an in-person evaluation.
You have had the opportunity to ask questions regarding telehealth.
You voluntarily consent to receive telehealth services.
You may withdraw your consent before treatment begins by discontinuing the telehealth visit.

Nothing in this Agreement guarantees that telehealth services will be appropriate for every medical condition.

Article XLI — Artificial Intelligence and Clinical Decision Support

APNS may utilize artificial intelligence (“AI”), automation software, machine learning technologies, and clinical decision-support tools to improve administrative efficiency, documentation, workflow management, coding assistance, scheduling, patient education, quality improvement, and other operational functions.

Artificial intelligence is intended solely to assist healthcare operations.

Artificial intelligence does not replace the independent medical judgment of licensed healthcare professionals.

All diagnoses, treatment recommendations, prescriptions, referrals, and medical decisions are made exclusively by appropriately licensed healthcare providers.

Where permitted by applicable law, APNS may use de-identified or anonymized information to improve operational efficiency, quality assurance, educational materials, software performance, and internal business processes.

Article XLII — Third-Party Websites and Services

The APNS Website may contain links to third-party websites or integrate with services provided by independent organizations.

Examples include:

Pharmacies;
Laboratories;
Imaging centers;
Payment processors;
Educational resources;
Government agencies;
Professional medical organizations;
Telehealth technology vendors.

These organizations operate independently of APNS.

APNS does not own, operate, endorse, or control third-party websites and assumes no responsibility for:

Their content;
Privacy practices;
Security;
Products;
Services;
Availability; or
Business practices.

Your use of third-party websites is solely at your own risk.

Article XLIII — Website Disclaimer

The APNS Website is provided primarily for educational and informational purposes.

Information appearing on the Website should not be interpreted as:

Individualized medical advice;
A diagnosis;
A treatment recommendation;
A substitute for consultation with a qualified healthcare professional.

Website content is intended to supplement—not replace—the relationship between patients and their healthcare providers.

Patients should never delay seeking medical care based upon information obtained from the APNS Website.

Article XLIV — Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APNS WEBSITE, PATIENT PORTAL, TELEHEALTH PLATFORM, EDUCATIONAL MATERIALS, SOFTWARE, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

APNS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
AVAILABILITY;
SECURITY;
ERROR-FREE OPERATION;
UNINTERRUPTED ACCESS.

APNS DOES NOT WARRANT THAT:

THE WEBSITE WILL ALWAYS BE AVAILABLE;
DEFECTS WILL BE CORRECTED;
THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
THIRD-PARTY SERVICES WILL OPERATE WITHOUT INTERRUPTION;
ALL INFORMATION WILL REMAIN CURRENT OR COMPLETE.

Article XLV — Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APNS, ITS OWNERS, PROVIDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

USE OF THE WEBSITE;
INABILITY TO ACCESS THE WEBSITE;
WEBSITE INTERRUPTIONS;
INTERNET FAILURES;
TELECOMMUNICATION FAILURES;
CYBERSECURITY INCIDENTS;
DATA LOSS;
THIRD-PARTY SERVICE INTERRUPTIONS;
PHARMACY DELAYS;
MEDICATION SHORTAGES;
INSURANCE COVERAGE DECISIONS;
PRIOR AUTHORIZATION DENIALS;
LABORATORY DELAYS;
IMAGING DELAYS;
SHIPPING DELAYS;
MANUFACTURER RECALLS;
FORCE MAJEURE EVENTS; OR
ANY OTHER EVENT BEYOND APNS’S REASONABLE CONTROL.

NOTHING IN THIS AGREEMENT SHALL LIMIT LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

Article XLVI — Force Majeure

APNS shall not be liable for any delay, interruption, or failure to perform resulting from causes beyond its reasonable control.

Examples include:

Natural disasters;
Hurricanes;
Floods;
Earthquakes;
Fires;
Pandemics;
Epidemics;
Government actions;
Internet outages;
Utility failures;
Cyberattacks;
Ransomware incidents;
Labor disputes;
Supply chain interruptions;
Pharmacy shortages;
Vendor failures;
Telecommunication failures; or
Other unforeseen events.

During such events, APNS may suspend, delay, modify, or discontinue services without liability.

Article XLVII — Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless APNS, its owners, providers, employees, contractors, affiliates, successors, assigns, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

Your violation of these Terms;
Your misuse of the Website or Services;
False or misleading information submitted by you;
Your unlawful conduct;
Your infringement of another person’s rights; or
Your negligent or intentional misconduct.

This obligation survives termination of your use of the Website and Services.

Article XLVIII — No Third-Party Beneficiaries

Except as expressly provided by law, these Terms are intended solely for the benefit of APNS and the individual accepting them.

Nothing contained in this Agreement creates rights in favor of any third party.

Article XLIX — Compliance with Law

You agree to comply with all applicable federal, state, and local laws when accessing or using the Website or Services.

Nothing in these Terms authorizes conduct prohibited by law.

APNS reserves the right to refuse service whenever required by applicable legal or regulatory requirements.

Article L — Reservation of Rights

All rights not expressly granted under these Terms are reserved by APNS.

Failure by APNS to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

APNS may enforce these Terms at any time, even if it has not previously exercised a particular right.

Article LI — Informal Dispute Resolution

APNS values open communication and believes that most concerns can be resolved promptly and professionally without formal legal proceedings.

If you have a question, concern, complaint, billing issue, or dispute regarding the Website or Services, you agree to first contact APNS and provide us with a reasonable opportunity to investigate and resolve the matter informally.

Written correspondence regarding disputes may be directed to:

Advanced Practice Nursing Specialists (APNS)
Email: info@apnshealth.com

Both parties agree to make a good-faith effort to resolve any dispute before initiating arbitration or litigation.

Article LII — Agreement to Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the fullest extent permitted by applicable law, any dispute, claim, controversy, or cause of action arising out of or relating to:

These Terms;
Your use of the Website;
Your use of APNS Services;
Your relationship with APNS;
Billing or payment disputes;
Privacy disputes;
Technology-related disputes; or
Any other matter arising from or relating to APNS,

shall be resolved exclusively through binding individual arbitration, except where prohibited by law.

This agreement to arbitrate is governed by the Federal Arbitration Act (FAA).

Article LIII — Class Action Waiver

To the fullest extent permitted by law, both you and APNS agree that:

Claims shall be brought only in an individual capacity.
Neither party shall participate in any class action, class arbitration, representative action, consolidated proceeding, or private attorney general action against the other.

The arbitrator shall have no authority to consolidate claims involving different individuals or to preside over any representative or class proceeding.

If this Class Action Waiver is determined to be unenforceable under applicable law, only that specific provision shall be severed, and the remaining arbitration provisions shall remain in effect to the fullest extent permitted by law.

Article LIV — Small Claims Court

Nothing contained in these Terms prevents either party from bringing an individual claim within the jurisdictional limits of an appropriate small claims court where permitted by applicable law.

Article LV — Governing Law

These Terms and any dispute arising from or relating to the Website or Services shall be governed by the laws of the State of Nevada, without regard to its conflict of laws principles, except to the extent federal law preempts state law or another state’s law is required to apply by applicable healthcare regulations.

Nothing contained herein limits the application of federal healthcare laws, HIPAA, Medicare regulations, or other laws governing healthcare professionals.

Article LVI — Venue

If any dispute is determined not to be subject to arbitration, or if judicial proceedings are otherwise permitted under applicable law, exclusive venue shall lie in the state or federal courts located in Clark County, Nevada, unless another venue is required by applicable law.

Each party consents to the personal jurisdiction of those courts.

Article LVII — Limitation of Time to Bring Claims

To the fullest extent permitted by law, any claim arising out of or relating to these Terms, the Website, or APNS Services must be commenced within one (1) year after the claim first arises, unless a longer period is required by applicable law.

Claims not timely filed shall be permanently barred.

Article LVIII — Electronic Signatures

You acknowledge and agree that:

Electronic signatures carry the same legal effect as handwritten signatures to the fullest extent permitted by applicable law.
Selecting “I Agree,” clicking an acceptance button, submitting an electronic form, completing patient registration, submitting a medical intake, scheduling an appointment, or otherwise electronically accepting these Terms constitutes your legally binding electronic signature.
Electronic records maintained by APNS may be used as evidence of your acceptance of these Terms.

Article LIX — Assignment

You may not assign or transfer any rights or obligations arising under these Terms without the prior written consent of APNS.

APNS may assign or transfer its rights and obligations, in whole or in part, to any successor entity, affiliate, purchaser, or assignee without your consent.

Article LX — No Waiver

Failure by APNS to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of APNS.

Article LXI — Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be interpreted to accomplish its intended purpose to the greatest extent permitted by law.

The remaining provisions shall remain in full force and effect.

Article LXII — Survival

The following provisions shall survive termination of your use of the Website or Services:

Payment obligations;
Refund Policy;
Privacy obligations;
Intellectual property rights;
Limitation of liability;
Indemnification;
Arbitration;
Governing law;
Venue;
Record retention;
Any provision that by its nature is intended to survive termination.

Article LXIII — Entire Agreement

These Terms, together with the APNS:

Privacy Policy;
Notice of Privacy Practices;
Website Disclaimer;
Financial Policy;
Refund Policy;
Telehealth Consent;
Code of Conduct;
Fee Schedule; and
Any additional policies expressly incorporated by reference,

constitute the complete and exclusive agreement between you and APNS concerning your access to and use of the Website and Services.

These documents supersede all prior oral or written understandings regarding the subject matter addressed herein.

Article LXIV — Headings

Section titles and headings are included solely for convenience and shall not affect the interpretation of these Terms.

Article LXV — Contact Information

Questions regarding these Terms or APNS Services may be directed to:

Website: https://www.apnshealth.com
Email: info@apnshealth.com

For your privacy and security, please do not send confidential medical information or Protected Health Information (PHI) through unsecured email. Patients should use the secure patient portal whenever possible for communications regarding their medical care.

Article LXVI — Acknowledgment

By accessing the APNS Website, registering for an account, completing patient registration, submitting a medical intake, scheduling an appointment, communicating electronically with APNS, receiving healthcare services, or otherwise using the Website or Services, you acknowledge and agree that:

You have read these Terms of Use and Conditions in their entirety.
You understand your rights and responsibilities under this Agreement.
You have had the opportunity to ask questions regarding these Terms.
You agree to be legally bound by these Terms.
You consent to the use of electronic records and electronic signatures.
You agree to comply with all APNS policies incorporated into these Terms.

If you do not agree to these Terms, you must discontinue use of the APNS Website and Services immediately.