HealthConsent

Terms of Service

Last updated: May 2026

By using our website and services, you agree to these terms. Please read them carefully. These terms include important provisions about dispute resolution and limitation of liability.

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Healthnode Inc., a corporation doing business as HealthConsent® (“Company,” “HealthConsent,” “we,” “us,” or “our”) regarding your use of our website located at myhealthconsent.org (the “Site”) and our privacy management services (the “Services”). All rights, obligations, and liabilities under these Terms run to and from Healthnode Inc. as the contracting entity; no individual officer, director, employee, agent, or founder of Healthnode Inc. is a party to these Terms in a personal capacity.

By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Site or Services. You must be at least 18 years old to use our Services.

2. Our Services

Privacy Management Services

We provide privacy management services including:

  • Submitting privacy rights requests (including opt-out, do not sell/share, deletion, and certain restriction requests) to Recipients you select (including providers, pharmacies, PBMs, insurers/health plans, labs, HIEs, interoperability networks, and data brokers)
  • Monitoring your privacy preferences across multiple platforms
  • Providing educational resources about data privacy rights
  • Helping you understand and exercise your privacy rights

“Privacy Requests” or “Requests” means the privacy rights requests and related communications submitted through the Services under your Authorization and Your Direction (as defined below).

“Recipients” means the third parties you select (including providers, pharmacies, PBMs, insurers/health plans, labs, HIEs, interoperability networks, and data brokers) to whom Requests and related communications may be sent.

“Your Direction” means the instructions you provide through your use of the Services, including your account information, settings, selections, and initiation of Requests (including selecting Recipients and choosing to submit or continue processing Requests). For clarity, “Your Direction” does not require your review or approval of each individual communication where the Services operate automatically.

Service Limitations

Please understand that our Services have certain limitations:

  • We cannot guarantee that all Recipients will honor privacy requests
  • Response times vary by Recipient and may take 30–90 days
  • Some requests may be denied for legal or technical reasons
  • Some Recipients may require additional steps (including identity verification, notarization, or use of Recipient-provided forms or portals) and may reject Requests that do not meet their requirements
  • We will make reasonable efforts to process all requests

Discretion to Decline or Suspend Requests

We may decline to submit or continue processing Requests to specific Recipients or through specific channels if we reasonably believe doing so would violate law, create security risk, create abuse/spam risk, or expose HealthConsent to unreasonable operational or legal risk.

Abuse; Rate Limits; Recipient Restrictions

We may impose rate limits, queues, throttling, or other controls on submissions and communications. We may suspend or restrict your use of the Services, or decline to submit Requests, if we reasonably believe your use (or attempted use) is abusive, unlawful, deceptive, excessively burdensome, or likely to result in Recipient blocking, filtering, or complaints.

Not Medical Advice / Not Legal Advice

HealthConsent is not a healthcare provider and does not provide medical care. HealthConsent is also not a law firm and does not provide legal advice. Any information we provide is for general informational purposes only.

3. User Accounts and Responsibilities

Account Creation

  • You must provide accurate and complete information
  • You are responsible for maintaining account security
  • You must be at least 18 years old
  • One account per person (unless otherwise permitted by us). Creating multiple accounts (including using different email addresses) is a violation of these Terms and may result in suspension or termination of all associated accounts without refund

Your Responsibilities

  • Use Services only for lawful purposes
  • Do not interfere with our systems
  • Respect intellectual property rights
  • Notify us of unauthorized account access

Representations; Authority

You represent and warrant that (i) you are the individual to whom the Privacy Requests relate or you are legally authorized to act on that individual’s behalf; (ii) all information you provide to the Service for matching and submission purposes is accurate to the best of your knowledge; and (iii) you have the legal capacity and authority to enter into these Terms and grant the authorizations described herein. You are solely responsible for any consequences arising from inaccurate, incomplete, or outdated information you provide.

4. Prohibited Uses

You agree not to use our Services for any of the following purposes:

  • Violating any laws or regulations
  • Harming or threatening others
  • Spreading malware or viruses
  • Attempting to hack our systems
  • Impersonating others
  • Spamming or unsolicited communications
  • Commercial use without permission
  • Reverse engineering our Services
  • Creating multiple accounts, including to circumvent account restrictions, obtain additional free trials, or evade enforcement actions
  • Using the Services if you are located in, under control of, or a national/resident of any country subject to comprehensive sanctions, or if you are on any restricted party list (you agree to comply with applicable export control and sanctions laws)

5. Authorization, Blanket Requests, and Critical Risk Acknowledgements

5.0 Authorized Agent Appointment; Signature Use; Electronic Execution

By creating an account, accepting these Terms, and providing your signature in the Service, you:

  1. Appoint HealthConsent as your authorized agent solely to prepare, sign, submit, and manage privacy requests on your behalf to entities you select (including providers, pharmacies, PBMs, insurers/health plans, labs, HIEs, interoperability networks, and data brokers); and

  2. Authorize HealthConsent to store and re-use your signature (your “Stored Signature,” meaning the electronic signature you provide in the Service) to sign, execute, and submit any documents or forms reasonably necessary to complete those privacy requests (including HealthConsent-generated PDFs and recipient-provided PDF forms), and to transmit those submissions electronically as your agent at your express direction.

You understand and agree that your acceptance of these Terms and your provided signature constitute your execution of the Limited Authorization to Act (Privacy Requests Only) (the “Authorization”), which is incorporated into these Terms by reference and made available to you in the product (see Exhibit A).

You consent to doing business electronically and agree that electronic signatures and electronic records may be used and relied upon to the maximum extent permitted by law.

You may revoke this authorization as described in Section 12 (Termination) and through your account settings where available.

The additional operational details regarding automated submission, communications format (first-person and/or authorized agent), and AI-assisted drafting are described in Section 5.0A.

5.0A Automated Submission; First-Person and Third-Person Communications; Authority; AI-Assisted Drafting

You acknowledge and agree that the Services operate in a highly automated manner. After you create an account and select Recipients, HealthConsent may generate, execute, and transmit Privacy Requests and related communications automatically based on your account information, your selections, and standardized request templates and workflows. You acknowledge that Requests are standardized and may include the blanket directives described in Section 5.1 and Section 5.2, and that you are not able to customize or selectively exclude directives unless we expressly offer that feature.

You expressly authorize HealthConsent (acting as your authorized agent as described in Section 5.0 and Exhibit A) to: (i) prepare and transmit Privacy Requests and related communications to Recipients; (ii) apply your Stored Signature where authorized; (iii) transmit submissions through HealthConsent-controlled systems, channels, and identifiers (including Service-generated reply-to addresses) for purposes of routing responses into the Service; and (iv) communicate with Recipients to the extent reasonably necessary to submit, confirm receipt of, and manage Privacy Requests. You authorize HealthConsent to receive, route, store, and process Recipient replies (including attachments and forms) sent to Service-generated addresses and to associate those replies with your account and request history.

Routing Identifiers

You authorize HealthConsent to use Service-generated sender and reply-to identifiers (including unique email addresses and aliases) to facilitate submission, tracking, and routing of Recipient communications into the Service. Recipient responses to such identifiers will be treated as communications related to your Requests.

You further acknowledge and agree that HealthConsent may transmit communications either (i) in your name and under your Authorization and Your Direction (including in first-person voice) or (ii) as your authorized agent, or a combination of both, depending on the circumstance and operational appropriateness.

No Pre-Approval; Automation

You acknowledge that submissions and related communications may be generated and transmitted automatically using standardized templates and automation tools based on the information you provide and your selections, and you are not able to pre-approve each individual submission or message. You are responsible for ensuring your account information and Recipient selections are accurate and kept up to date, and for promptly correcting any errors.

HealthConsent does not represent itself to Recipients as being you. Rather, HealthConsent transmits Requests and related communications in your name pursuant to your Authorization and Your Direction, or as your authorized agent, depending on operational context. You agree that such communications (including those written in first-person voice) are authorized by you even when generated automatically or transmitted through HealthConsent systems.

HealthConsent uses automation, including AI-assisted tools, to draft, summarize, classify, and generate Requests and related communications and workflows. You understand that automated outputs may be incomplete, inaccurate, or inappropriate in tone or substance, and you agree that HealthConsent is not liable for such automated outputs or their consequences except to the extent liability cannot be waived under applicable law. You acknowledge that communications generated through the Service may be assertive or demand-oriented and you agree that HealthConsent is not liable for the tone or wording of such communications except to the extent liability cannot be waived under applicable law.

HealthConsent does not guarantee that any Request or communication (whether first-person or third-person) will be accepted, processed, honored, or completed by any Recipient, or that any particular outcome will be achieved.

5.1 Blanket Requests — Assumption of Risk; Release; No Liability for Outcomes

HealthConsent submits standardized, comprehensive (“blanket”) privacy requests on your behalf. These may include, depending on the recipient type and your state(s) of residence and prior addresses, directives such as opt-out of sale/sharing, do not sell/share, deletion, restrictions on certain use/disclosure, marketing/fundraising opt-outs, HIE/network opt-outs, and related directives.

YOU ACKNOWLEDGE AND AGREE THAT EXERCISING PRIVACY RIGHTS MAY HAVE SERIOUS CONSEQUENCES. In particular, requests that restrict disclosure, reduce sharing, opt out of exchange/network participation, or request deletion of data may result in certain information being unavailable, delayed, incomplete, or not accessible to healthcare providers, pharmacies, PBMs, insurers, labs, care teams, or others involved in your care or benefits.

This may adversely affect care coordination, diagnosis, treatment, medication safety, eligibility determinations, claims processing, and other health-related or administrative outcomes, and in extreme circumstances may contribute to serious injury or death.

YOU VOLUNTARILY ASSUME ALL RISKS arising from or related to the privacy requests you instruct HealthConsent to submit, including any impacts on healthcare, patient safety, benefits, billing, claims, and outcomes.

To the maximum extent permitted by applicable law, you release, waive, and discharge HealthConsent and its affiliates, officers, directors, employees, contractors, agents, and service providers from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to:

  • the submission, content, or scope of any blanket privacy request;
  • any recipient’s compliance, noncompliance, partial compliance, delay, denial, misinterpretation, or processing errors;
  • any unavailability, deletion, restriction, suppression, delayed availability, or reduced completeness of your information; and
  • any resulting impact on your healthcare, benefits, safety, or outcomes.

NO HEALTHCONSENT PARTY WILL BE RESPONSIBLE OR LIABLE for any medical decisions, healthcare outcomes, or adverse events arising from the use of the Services or from any recipient’s actions or inactions, even if HealthConsent was advised of the possibility of such damages.

You agree not to rely on the availability of any information that may be restricted or deleted through Requests for purposes of medical decision-making, emergency care, or benefits decisions.

No Emergency Use; Independent Verification

The Services are not intended for emergency use. You should not use the Services or rely on any Request status, Recipient response, or Service output for emergency care, urgent medical decisions, or time-sensitive benefits determinations. You are responsible for independently confirming information needed for medical care, coverage, or treatment.

This Section 5.1 does not apply to the extent prohibited by law, and does not waive liability that cannot be waived under applicable law.

5.2 No Cherry-Picking / No Directive Customization

Unless HealthConsent explicitly offers a feature allowing per-directive customization, you acknowledge and agree that:

  • You cannot selectively exclude individual directives within a given request; and
  • HealthConsent will submit the applicable standardized blanket request(s) for the recipient type you select.

Transparency about what we send: HealthConsent makes available in the product (and may make available on the Site) blank templates/examples of (i) the Authorization (Exhibit A) and (ii) representative provider and entity request documents (Exhibit B and Exhibit C).

6. Payment Terms

Subscription Services

  • Payments are processed securely through Stripe
  • By purchasing a subscription, you authorize HealthConsent (through Stripe) to charge your payment method on a recurring basis until you cancel
  • Subscriptions auto-renew unless canceled
  • You can cancel anytime through your account settings. Cancellation stops future renewals; you will retain access through the end of your then-current paid term unless otherwise stated in your account
  • Cancellation. If you signed up online, you can cancel online through your account settings (or an equivalent self-serve cancellation flow) without being required to call, mail, or take any steps that are materially more burdensome than signing up
  • Taxes. Fees are exclusive of applicable taxes, and you are responsible for any sales, use, VAT, or similar taxes (excluding taxes on our income)
  • Failed Payments. If payment cannot be processed, we may suspend or restrict access until payment is received
  • Chargebacks. If you initiate a chargeback or payment dispute, we may suspend your account while the dispute is pending
  • Price changes will be communicated 30 days in advance

Free Trials

As of May 26, 2026, we no longer offer free trials to new subscribers. The terms below apply to any free trial then in effect and to any future free trial we may offer.

We may offer a free trial period for new subscribers. Free trials are limited to one per person. Creating multiple accounts to obtain additional free trials is a violation of these Terms and may result in immediate termination of all associated accounts. We reserve the right to charge the applicable subscription fee for any trial obtained through duplicate accounts or other abuse of the trial offer.

Immediate Service Start

By signing up, selecting recipients (providers/entities), and initiating requests, you acknowledge and agree that the Services begin immediately and that we will start incurring costs and performing work right away (including generating, signing, and submitting Privacy Requests and conducting follow-up operations as part of the Service).

Refund Policy

All fees are non-refundable and non-creditable, except where required by applicable law.

We do not provide refunds, partial refunds, credits, or prorated refunds for any reason, including but not limited to: unused time, partial months, service dissatisfaction, recipient noncompliance or delays, or outcomes of Privacy Requests.

If you cancel, you will not be charged for the next billing cycle, and you will continue to have access to the Services through the end of your then-current billing period (see Section 12).

7. Intellectual Property

Our Rights & Ownership

The Site and Services (including all software, code, algorithms, workflows, templates, request generation logic, scoring/classification logic, interfaces, design, text, graphics, logos, audio, video, and all other content) are owned by HealthConsent or our licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, HealthConsent reserves all right, title, and interest in and to the Site and Services.

Limited License to You

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use.

Restrictions

You agree you will not, and will not permit any third party to, directly or indirectly:

  • copy, reproduce, distribute, publicly display, publicly perform, or create derivative works of the Site or Services;
  • reverse engineer, decompile, disassemble, decode, attempt to derive source code, or otherwise attempt to discover the underlying structure, ideas, know-how, or algorithms of the Services (except to the extent such restriction is prohibited by law);
  • scrape, crawl, harvest, or extract data or content from the Site or Services using automated means (including bots, spiders, or scrapers), except as expressly permitted by us in writing;
  • access or use the Services for the purpose of building, benchmarking, training, or improving a competing or substantially similar product or service;
  • remove, alter, or obscure any proprietary notices (including copyright, trademark, or confidentiality notices);
  • use our content, templates, request documents, or workflows to create, offer, market, or operate a competing privacy request management service; or
  • circumvent or bypass any access controls, rate limits, or security features.

Any unauthorized use terminates the license granted to you.

Feedback

If you provide suggestions, ideas, or feedback, you grant HealthConsent a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without compensation or attribution.

Third-Party Trademarks

All third-party names, logos, product names, and trademarks displayed or referenced through the Services are the property of their respective owners. Use of such marks does not imply endorsement by, affiliation with, or sponsorship by those owners. You do not receive any rights in third-party marks.

User Content

You retain ownership of content you provide to us, but you grant us a worldwide, non-exclusive license to use, host, copy, process, transmit, and display such content as necessary to provide, maintain, and improve the Services, and to comply with law.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Privacy Points

  • We do not “sell” or “share” personal information as those terms are defined under applicable privacy laws, as described in our Privacy Policy
  • We use your data to provide, maintain, and improve the Services, and as otherwise described in our Privacy Policy
  • You may have rights to access, correct, delete, or restrict processing of your data, depending on your jurisdiction
  • We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information

9. Disclaimers and Limitation of Liability

Please read this section carefully as it limits our liability and explains the basis on which our Services are provided.

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND HEALTHCONSENT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

WITHOUT LIMITING THE FOREGOING, HEALTHCONSENT DOES NOT WARRANT THAT:

(a) PRIVACY REQUESTS WILL BE HONORED, COMPLETED, OR COMPLETED WITHIN ANY PARTICULAR TIME;

(b) RECIPIENTS WILL INTERPRET OR APPLY LAWS CONSISTENTLY; OR

(c) ANY PARTICULAR OUTCOME WILL BE ACHIEVED.

HealthConsent does not warrant that any template, draft, or communication generated by the Service (including AI-assisted content) is accurate, complete, or appropriate for any specific Recipient or legal purpose.

Third-Party Services and Recipients

You acknowledge that the Services interact with and depend on third parties (including Recipients and communication providers). HealthConsent is not responsible for third-party acts or omissions, including noncompliance, delays, partial fulfillment, denial, or errors.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. NO INDIRECT DAMAGES. IN NO EVENT WILL HEALTHCONSENT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. CAP ON LIABILITY. IN NO EVENT WILL HEALTHCONSENT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO HEALTHCONSENT FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, IF GREATER AND REQUIRED BY LAW, THE MINIMUM AMOUNT PERMITTED).

3. ESSENTIAL PURPOSE. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow certain limitations. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless HealthConsent, its affiliates, officers, directors, employees, contractors, agents, and service providers from and against any and all claims, demands, suits, actions, proceedings, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • your access to or use of the Services;
  • any information you provide that is inaccurate, incomplete, misleading, or violates applicable law;
  • your selection of Recipients and initiation of Privacy Requests (including any consequences of deletion, restriction, or opt-out directives);
  • your violation of these Terms;
  • your infringement or misappropriation (or alleged infringement or misappropriation) of any intellectual property or other rights of any person or entity; or
  • any communications or Privacy Requests transmitted through the Service in your name, in the first person, or on your behalf as your authorized agent, including claims arising from alleged inaccuracies, misstatements, tone, or unlawful content, except to the extent caused solely by HealthConsent’s willful misconduct.

HealthConsent may assume control of the defense of any matter subject to indemnification, and you agree to cooperate with the defense.

11. Dispute Resolution

Arbitration Agreement

Most disputes can be resolved through informal negotiation. For disputes that cannot be resolved informally, you and HealthConsent agree to binding arbitration instead of court proceedings.

Either party may bring an individual action in small claims court if the claim qualifies. Either party may also seek injunctive or equitable relief in court to prevent unauthorized use, misuse, or infringement of intellectual property or to address unlawful access to the Services.

Informal Resolution

Before filing any formal dispute, you agree to contact us at legal[at]myhealthconsent.org to seek a resolution. We commit to working with you in good faith to resolve any issues.

Arbitration Process

  • Administered by JAMS under their Streamlined Arbitration Rules
  • Individual basis only (no class actions)
  • Location: Orange County, CA or your home city (whichever is more convenient for you)
  • We will pay or reimburse arbitration fees to the extent required by JAMS rules or applicable law for qualifying consumer claims
  • If this Section 11 conflicts with the applicable JAMS rules, this Section 11 will govern to the extent permitted by law

YOU AND HEALTHCONSENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide any dispute about the validity or enforceability of the class action waiver.

Mass Arbitration

If 25 or more similar arbitration demands are filed by or with the assistance of the same organization, counsel, or coordinated group, the parties agree to a batching process in which (i) a limited number of bellwether cases proceed first, (ii) fees for non-bellwether cases are deferred while bellwethers are decided, and (iii) the results inform settlement discussions. If the parties cannot agree on a process, JAMS will administer a batching procedure consistent with efficiency and due process.

30-Day Opt-Out Period

You may opt out of this arbitration agreement by sending written notice to legal[at]myhealthconsent.org within 30 days of first agreeing to these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you are opting out of arbitration.

Severability

If any portion of this Section 11 is found unenforceable, the remainder will be enforced to the fullest extent permitted by law. If the class action waiver is found unenforceable, the parties agree that any class, collective, or representative claims must proceed in court and not in arbitration.

12. Termination

You May Terminate

  • Cancel your account anytime
  • Stop using our Services
  • Request data deletion
  • Download your data before termination

We May Terminate

  • For violation of these Terms
  • For illegal or harmful activity
  • For non-payment of fees
  • With 30 days notice for any reason

Effect of Cancellation; Processing Through End of Term

If you cancel a paid subscription, cancellation becomes effective at the end of your then-current billing period (or other stated effective date shown in your account). You acknowledge and agree that:

  • The Services may continue to operate and submit/manage in-scope privacy requests through the effective cancellation date, including during any remaining days in your billing period (for example, if you cancel a monthly plan partway through the month).
  • HealthConsent may complete processing of in-flight requests initiated prior to the effective cancellation date, consistent with these Terms and your Authorization, unless you revoke the Authorization.

If you want HealthConsent to stop submitting any new requests immediately, you must revoke the Authorization (and Stored Signature permission) through account settings (if available) or by contacting support.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services or legal requirements. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Sending an email notification to your registered address and/or delivering an in-app notification to your account notifications inbox
  • Providing at least 30 days notice before changes take effect (where practical and where required)

Your continued use of our Services after changes take effect constitutes acceptance of the new Terms.

Ongoing Requests

Unless you revoke your Authorization, Requests initiated prior to the effective date of updated Terms may continue to be processed through the Service, and ongoing use of the Service after the effective date constitutes acceptance of the updated Terms for continued processing and future activity.

The Site may contain links to third-party websites, services, or resources. Such third-party links are not under the control of HealthConsent, and HealthConsent is not responsible for any third-party links or their content. HealthConsent provides access to these third-party links only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them. You use all third-party links at your own risk and should apply a suitable level of caution and discretion. When you click on any third-party link, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

15. Release

You hereby release and forever discharge HealthConsent (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or Services (including any interactions with, or act or omission of, Recipients or any third-party links).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

16. Electronic Communications

The communications between you and HealthConsent use electronic means, whether you use the Site or send us emails, or whether HealthConsent posts notices on the Site or communicates with you via email or in-app notifications. For contractual purposes, you:

  • consent to receive communications from HealthConsent in an electronic form; and
  • agree that all terms and conditions, agreements, notices, disclosures, and other communications that HealthConsent provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in hardcopy writing.

The foregoing does not affect your non-waivable rights.

17. Assignment

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without HealthConsent’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. HealthConsent may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

18. California Consumer Disclosures

HealthConsent is located at 4343 Von Karman Ave, Newport Beach, CA 92660. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. Force Majeure

HealthConsent shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, strikes or labor disputes, utility or telecommunications failures, cyberattacks on infrastructure, government actions or orders, or any other event or circumstance beyond our reasonable control. In such event, HealthConsent’s obligations shall be suspended for the duration of the force majeure event, and any applicable deadlines shall be extended accordingly.

20. Survival

The following provisions shall survive the expiration or termination of these Terms: Section 5 (Authorization, Blanket Requests, and Critical Risk Acknowledgements), Section 7 (Intellectual Property), Section 9 (Disclaimers and Limitation of Liability), Section 10 (Indemnification), Section 11 (Dispute Resolution), Section 15 (Release), Section 17 (Assignment), and any other provisions that by their nature should survive termination.

21. General Provisions

Governing Law

These Terms are governed by the laws of California, USA, without regard to conflict of laws principles.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.

Entire Agreement

These Terms, together with our Privacy Policy and the incorporated Exhibits, constitute the entire agreement between you and HealthConsent. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Independent Contractors; Limited Agency

Except for the limited authorized agent appointment expressly granted in Section 5 (and Exhibit A) for the narrow purpose of preparing, signing, submitting, and managing Privacy Requests and related communications, the parties are independent contractors and neither party is the general agent, partner, joint venturer, or employee of the other.

No Third-Party Beneficiaries

These Terms are for the benefit of you and HealthConsent only and do not create any third-party beneficiary rights in any other person or entity, including any Recipient.

Changes to the Services

We may modify, update, suspend, or discontinue any part of the Services from time to time. We will use reasonable efforts to provide advance notice of material changes where practical, but the Services may change without notice.

Notices

We may provide notices to you by email, in-app notification, posting on the Site, or other reasonable means. Notices are effective when sent (for email/in-app) or when posted. Legal notices to HealthConsent must be sent to legal[at]myhealthconsent.org and are effective when we acknowledge receipt.

Time Limit to Bring Claims

To the extent permitted by law, any claim arising out of or related to these Terms or the Services must be filed within one (1) year after the claim arose, or it is permanently barred.

Questions About These Terms?

If you have any questions about these Terms of Service, please contact us:

Email: legal[at]myhealthconsent.org

Phone: (949) 990-3800

Address: HealthConsent Attn: Legal Department 4343 Von Karman Ave Newport Beach, CA 92660

Exhibits (Incorporated by Reference)

These Exhibits are part of the Terms. The current versions are available in the HealthConsent product and/or on the Site.

Note: Exhibits B and C are examples. Actual requests may include additional state-based language depending on your residence and prior addresses and may be adapted to recipient intake requirements (including recipient-provided PDF forms), but remain within the standardized blanket scope described in Section 5.