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FXN Medicine · Built for How You Live

TERMS OF USE

Welcome to FXN Medical Group Inc. (“Company,” “we,” “us,” or “our”). We invite you to access and use our website, www.fxnmedgroup.com (the “Website”).

We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use. Please read this Agreement carefully before using the Website. By using the Website, you agree to be legally bound by these Terms of Use and our Privacy Policy, which is incorporated by reference (together, this “Agreement”). When you join our waitlist or enroll as a member, we will also ask you to confirm that you agree by checking a box. If you do not agree to any of these terms, please do not use the Website. We may update this Agreement as described in Section 18.

No Medical Advice; Emergencies. The Website provides general information only. It is not medical advice, and using the Website, including reading its content, joining our waitlist, or contacting us, does not create a physician-patient relationship with us. A physician-patient relationship begins only when you enroll as a member and sign our membership agreement, or when one of our physicians agrees to see you as a patient. If you think you are having a medical emergency, call 911 or go to the nearest emergency room. Do not use the Website, email, or text messages for emergencies. If you have or suspect that you have a medical problem, contact your health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on the Website.

Memberships and Services. Adults can use the Website to join our waitlist and enroll in a membership. Your membership, and any medical care or other services we provide, are governed by your membership agreement and the other forms you sign when you enroll, including its terms on fees, automatic renewal, cancellation, and refunds. If anything in this Agreement conflicts with your membership agreement, your membership agreement controls.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. THEY DO NOT APPLY TO CLAIMS ABOUT MEDICAL CARE OR OTHER SERVICES WE PROVIDE TO YOU, WHICH ARE GOVERNED BY YOUR MEMBERSHIP AGREEMENT AND APPLICABLE LAW.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. Use of our Website

Visitors can view the publicly available content on the Website, join our waitlist, and contact us. Members can also sign in to our member portal, which is governed by your membership agreement; your health information there is protected as described in our Notice of Privacy Practices.

2. Acceptable Use

By using the Website, you agree that:

You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;

  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
  • You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, if you violate this section.

3. Restrictions

The Website is only available for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

4. Member Accounts

If you have a member account, you must give us true, accurate, and current information and keep your sign-in information confidential. You are responsible for activity under your account. Tell us promptly if you think someone else has used your account.

5. Fees and Payment

Using the Website is free. Membership dues and fees for other services are set out in your membership agreement and are processed by our third-party payment processor. Your membership agreement governs billing, automatic renewal, cancellation, and refunds.

6. Intellectual Property

The Website contains material, such as text, graphics, photographs, images, videos, and other material provided by or on behalf of Company (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Other than as expressly set forth in the prior sentence, you have no other rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Company. Company retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Company (the “Company Trademarks”) used and displayed on the Website are trademarks or service marks of Company. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Company Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Company Trademarks inures to our benefit.

Elements of the Website are protected by trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

7. Communications with Us

Please do not send us medical or other confidential information through the Website’s forms or by regular email. Members should use our secure member portal for questions about their care. If you send us feedback or suggestions about the Website or our services, we may use them without any obligation to you. This does not apply to your health information, which we protect as described in our Notice of Privacy Practices.

8. Text Messages

If you agree to receive text messages from FXN Medical Group, we will text you about your waitlist status, appointments, care coordination, and account updates and, if you opt in separately, occasional practice news. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time or HELP for help. Agreeing to receive texts is not a condition of membership. We do not share your mobile number or text-message consent with third parties for their marketing. See our Privacy Policy for more information.

9. No Warranties; Limitations of Liability

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE MAKE NO GUARANTEES THAT THE WEBSITE OR ITS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, LICENSORS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY, OR THE TOTAL LIABILITY OF OUR AFFILIATES, LICENSORS, OR PARTNERS, FOR ANY CLAIM ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR CONTENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US FOR ACCESSING THIS WEBSITE OR MAKING PURCHASES THROUGH IT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION APPLIES ONLY TO YOUR USE OF THE WEBSITE AND ITS CONTENT. IT DOES NOT APPLY TO MEDICAL CARE OR OTHER SERVICES WE PROVIDE TO YOU, WHICH ARE GOVERNED BY YOUR MEMBERSHIP AGREEMENT AND APPLICABLE LAW, AND IT DOES NOT LIMIT ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. External Sites

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

11. Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

12. Compliance with Applicable Laws

The Website is operated from California, in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13. Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. Ending this Agreement does not end your membership, which is governed by your membership agreement. The following sections shall survive any termination of this Agreement: “Intellectual Property,” “Communications with Us,” “No Warranties; Limitations of Liability,” “Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”

14. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

15. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). A Dispute does not include any claim about medical care or other services we provide to you; those claims are governed by your membership agreement and applicable law.  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, and in either case in accordance with the JAMS Consumer Arbitration Minimum Standards. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. If you start an arbitration, you will pay no more than the consumer filing fee allowed under the JAMS Consumer Arbitration Minimum Standards (currently $250), and we will pay all other JAMS fees and the arbitrator’s fees. Each party will pay its own attorneys’ fees, unless applicable law provides otherwise. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in San Diego County, California, or another location reasonably convenient to you. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 17 below, nothing in this Agreement will prevent either party from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its intellectual property rights. Nothing in this section waives any right you may have under California law to seek public injunctive relief; any such claim will be decided by a court after any individual claims are arbitrated.

16. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons, except for public injunctive relief as described in Section 15. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Either party may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You and we consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action.

18. Changes to This Agreement

We may update this Agreement from time to time. If we make material changes, we will post a notice on the Website’s home page before they take effect and update the “Last Modified” date below. Changes will not apply to any Dispute that arose before the change was posted. If you keep using the Website after changes take effect, you accept them.

19. Miscellaneous

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of this Agreement is found to be unenforceable, that provision will be enforced to the maximum extent permitted, and the rest of this Agreement will remain in effect.

20. California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. The Website is provided by FXN Medical Group Inc., 7301 Girard Avenue, Suite 301, La Jolla, California 92037, (858) 371-5692. Using the Website is free; membership fees are described in your membership agreement. If you have a complaint, please contact us first. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Company:

FXN Medical Group Inc.

By Mail: 7301 Girard Avenue, Suite 301, La Jolla, California 92037.

By e-mail: info@fxnmedgroup.com

By phone: (858) 371-5692

Last Modified 11/12/2026