Terms of Service
Introduction
Welcome to 1st Optimal, a telemedicine company providing healthcare services through online platforms. By accessing or using our services, you agree to comply with and be bound by the following terms of service (“Terms”). Please read these Terms carefully. If you do not agree with these Terms, you should not use our services.
Acceptance of Terms
By accessing or using any part of the 1st Optimal service, you agree to be bound by these Terms, our Privacy Policy, and any other policies or notices posted by us on our website or platform. If you do not agree with these Terms, you must discontinue use of the services immediately.
Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting of the revised Terms. Your continued use of the services following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.
Services
1st Optimal provides telemedicine services which include, but are not limited to, medical consultations, diagnosis, and treatment plans delivered through online platforms. The services provided by 1st Optimal are not intended to replace in-person medical care and should not be used in emergency situations.
User Accounts
To access certain features of the services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain the security of your password and identification.
- Notify us immediately of any unauthorized use of your account or other security breaches.
- Take responsibility for all activities that occur under your account.
Privacy
Your use of the services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.
Medical Advice Disclaimer
The information provided by 1st Optimal is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our platform.
User Conduct
You agree not to use the services for any unlawful purpose or in any way that might harm, impair, or interfere with the functioning of the services. You further agree not to:
- Engage in any fraudulent or deceptive activities.
- Transmit any viruses, malware, or other malicious code.
- Violate any local, state, national, or international laws or regulations.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Intellectual Property
All content, trademarks, service marks, trade names, logos, and intellectual property rights on the 1st Optimal platform are the property of 1st Optimal or its licensors. You may not use, reproduce, distribute, or create derivative works of such content without our prior written permission.
Termination
We may terminate or suspend your account and access to the services at our sole discretion, without prior notice or liability, for any reason, including if you breach any of these Terms. Upon termination, your right to use the services will immediately cease.
Limitation of Liability
To the maximum extent permitted by law, 1st Optimal and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the services.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the services.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party.
Indemnification
You agree to indemnify, defend, and hold harmless 1st Optimal, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with your access to or use of the services, your violation of these Terms, or your violation of any rights of another.
Governing Law
These Terms and any disputes arising out of or related to these Terms or the services will be governed by and construed in accordance with the laws of the jurisdiction in which 1st Optimal is headquartered, without regard to its conflict of law principles.
Membership Terms & Conditions
Membership Duration & Billing:
- Membership is for a minimum of 120 days and will renew automatically unless a membership change request is submitted after the initial 120 days.
- Membership will be billed monthly on the same day as your initial sign via your card on file.
- For support, contact us at support@1stoptimal.com, by phone at (816) 744-6814, or through our chat feature at 1stoptimal.com. We aim to respond within 1 business day.
- All memberships must be active for a minimum of 120 days. Members can pause or cancel their memberships through our Membership Change Request, located at https://1stoptimal.com/membership-change-request/.
- A notice period of the current billing cycle is required. Change requests must be submitted 7 days before the next billing cycle to ensure adequate administration time.
Amendments:
1st Optimal reserves the right to modify, amend, or update these Terms and Conditions at its sole discretion. Such changes shall become effective upon notice to you via the email address you provided during your membership registration or by posting the revised Terms on our website.
Notice of Changes:
We encourage you to review these Terms periodically for any updates or changes. Your continued use of our services after such changes have been posted will constitute your acceptance of the amended Terms and Conditions.
Member Responsibilities:
It is your responsibility to ensure that you are familiar with the current version of the Terms and Conditions. 1st Optimal will make reasonable efforts to notify you of any material changes to these Terms; however, failure to receive such notice does not relieve you of your obligation to comply with the revised Terms.
Mobile Terms of Service
1st Optimal
Last updated: June 21, 2024
The 1st Optimal mobile message service (the “Service”) is operated by 1st Optimal (“1st Optimal”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to 1st Optimal’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of 1st Optimal through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. The service will include promotional messages such as promotions, specials, coupons, and other marketing offers; it will also include transactional messages such as order updates and account alerts.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with 1st Optimal. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18665274398 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other 1st Optimal mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18665274398 or email marketing@1stoptimal.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Contact Information
If you have any questions about these Terms, please contact us at membersupport@1stoptimal.com.
Please see the contact information below for our affiliated pharmacy:
Belmar Pharmacy – Colorado (503A Pharmacy)
231 Violet Street, Suite 140
Golden, CO 80401
800.525.9473 | 303.763.5533
Entire Agreement
These Terms constitute the entire agreement between you and 1st Optimal regarding the use of the services and supersede any prior agreements between you and 1st Optimal relating to your use of the services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Thank you for choosing 1st Optimal. We look forward to providing you with exceptional telemedicine services.