Carefully read these terms and conditions of use ("Terms of Use") as they govern your access to and use of LFG Enterprises, Inc.’s d/b/a NuggMD ("NuggMD," "we," "us," and "our") Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:
The non-medical business support services and our Website(s) are collectively referred to as our "Platform."
NuggMD contracts with 85th Street Medical P.C. and its affiliated medical practices (collectively referred to as the "Medical Group"), which are independent medical groups with a network of United States based health care providers (each, a "Provider") to provide online medical marijuana telehealth clinical consultations, services, and/or treatment. The professional medical services provided by Medical Group through the use of our Platform are collectively referred to in this Terms of Use as the "Services."
By clicking "Accept," you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services, please PROMPTLY EXIT THIS WEBSITE.
Binding Arbitration. These Terms of Use provide that all disputes between you and NuggMD that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with NuggMD.
By signing up for NuggMD and/or using NuggMD, you expressly acknowledge that the NuggMD Platform is solely for qualified patients residing in states that have adopted legislation providing for medical use of marijuana. You further represent that you are such a patient, or, where permissible, the primary caregiver for such a patient.
You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ medical marijuana laws, such as California’s Compassionate Use Act. You further acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and/or prosecution by federal officials. You acknowledge and agree that NuggMD neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution.
NuggMD has its principal place of business in California. However, NuggMD and the NuggMD Platform may be accessible to and provide services to users and dispensary entities outside of California. If you are not a resident and qualified patient within the State of California, you must abide by and follow the laws of the state in which you are a resident.
NuggMD is not a medical group or pharmacy and does not provide medical advice, care, and/or treatment. NuggMD provides administrative and management services to independent, physician-owned and operated, medical practices with telehealth and telepharmacy services. Any medical marijuana telemedicine or telepharmacy consults obtained through our Platform are provided by Providers, including but not limited to Medical Group. NuggMD licenses the "NuggMD" brand name to Medical Group and other affiliated medical practices that use our Platform to assist in the provision of Services. Each NuggMD-branded practice is owned and operated by a licensed physician. There is no single provider of medical care called "NuggMD." Each NuggMD-branded practice engages a network of United States based clinicians who provide clinical telehealth or telepharmacy services. The Providers deliver clinical services via the Platform to their patients. NuggMD does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Providers they employ. Services and practices may vary across Providers, and patients should contact the Providers at Medical Group directly for all questions concerning their medical care.
NuggMD is not a medical marijuana collective or cooperative. We offer (a) to receive information from medical cannabis patients, (b) to perform patient pre-verification checks in compliance with all applicable laws and regulations, and (c) a virtual environment, such as a website and mobile app, through which patients and lawfully operated collectives, cooperatives, and delivery services may establish a relationship for the provision of medical cannabis. We neither provide nor intend to provide medical cannabis delivery services to medical cannabis patients. It is the sole responsibility of the third party collective, cooperative, or delivery service to provide delivery and other services in compliance with applicable laws and regulations. While we make reasonable efforts, such as by reviewing state licenses, to ensure that any third party providers with whom we affiliate operate in compliance with applicable regulations, we make no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding such third party providers and have no responsibility or liability with respect to services provided to you by such third parties.
Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use. You also agree that information provided by you in connection with the Services shall also be governed by the applicable Medical Group Notice of Privacy Practices, and is hereby incorporated and made part of these Terms of Use.
If you are a resident of the United Kingdom (UK), your personal data is processed in accordance with the UK General Data Protection Regulation (UK GDPR). By using our Platform, you acknowledge that we collect, process, and store your personal data as outlined in our Privacy Policy.
For more details on how we comply with UK GDPR, including your rights as a data subject, please review our Privacy Policy.
Your personal data may be stored and processed in the United States, where our servers are located. To ensure your data is protected, we use safeguards recognized under UK GDPR, including:
If you have concerns about how your data is transferred outside the UK, please contact us at info@nuggmd.com.
You will not be able to obtain a medical marijuana recommendation or certification unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the medical marijuana recommendation or certification is appropriate for you, and the Provider has written a recommendation or certification.
If a Provider determines a medical marijuana recommendation or certification is appropriate for you and writes a prescription, you may fill the recommendation or certification at any medical marijuana dispensary of your choice as prompted during your use of the Services.
You agree that any recommendations or certifications that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician if you have any questions regarding the recommendation or certification. We fully honor patient freedom of choice and, if you receive a recommendation or certification for a medication, you always have the option to instruct your Provider to transmit that recommendation or certification to the dispensary of your choice.
We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
All pages, features, and content within this Platform and any material made available for download are the property of NuggMD, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform ("Content") may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by NuggMD. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of NuggMD without our express written consent.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
Violations of system or network security may result in civil or criminal liability. NuggMD will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.
In the event access to the Platform or a portion thereof is limited requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as provided to you by NuggMD. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by NuggMD at any time with or without cause. You agree to defend, indemnify and hold NuggMD harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by NuggMD arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively "User Information") and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or NuggMD has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, NuggMD may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
If you are a UK resident, you have additional data protection rights under UK GDPR, including the right to:
To exercise any of these rights, please contact us at info@nuggmd.com. We will respond within one month, with a possible extension of up to two additional months for complex requests.
For more information, you may also contact the UK Information Commissioner’s Office (ICO) at www.ico.org.uk.
The Protected Areas of the Platform may be used to access certain online services. In some cases, you will not receive a separate notice when the Platform connects to those services. Using the Platform constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.
Certain location-enabled functionality made available in the Protected Areas of the Platform is provided by Google Inc., Apple Inc., and other third-party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time to time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely "as-is," without warranties of any kind.
Although NuggMD attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform NuggMD so that it can be corrected. NuggMD reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, NuggMD will have no responsibility or liability for information or Content posted to the Platform from any non-NuggMD affiliated third party.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for product/service listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
15.a - Medical Marijuana Consultations, excluding Multi Year Packages and Pharmacy Consultations
All payments are due prior to your appointment with your medical professional or non-medical cannabis expert. The payment amount may include, but is not limited to, fees for your evaluation, paper recommendations, ID cards, shipping, and other add-ons such as Non-Medical Cannabis Expert Consultations. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company.
You may request a refund within twenty-four (24) hours of your purchase only if you have not yet attended an evaluation with your medical practitioner or non-medical cannabis expert. After twenty-four (24) hours from your purchase, and within thirty (30) days of your purchase, if you have not yet attended an evaluation with your medical practitioner or non-medical cannabis expert consultations, you can request a refund, but you will incur a $10 cancellation fee. You have thirty (30) calendar days from the date of your payment to attend an evaluation with your medical professional or non-medical cannabis expert. If you fail to attend an evaluation or non-medical cannabis expert consultation within thirty (30) days of your payment and you fail to request a refund in accordance with this section, you forfeit your payment entirely and you will not be entitled to a refund. If you are approved for a certification/recommendation by your medical professional, but you do not fulfill post-approval obligations, including but not limited to: a) completing the state application requirements; b) uploading required documentation; or c) your evaluation shall be deemed fully complete and you will not be entitled to a refund. We reserve the right to refund you in our sole and absolute discretion, unless otherwise mentioned in these terms. If you have questions or concerns regarding our payment, cancellation, or refund policy, please contact us via email or live chat.
We reserve the right to terminate your account and revoke your access to the Platform should we receive a chargeback on any payments you’ve made for Services rendered by NuggMD, or if a refund for Services rendered is issued.
15.b - Pharmacy Consultation Refunds
Pharmacy Consultations are non refundable. However, we will work with you to identify a suitable product for your needs. If a product recommendation identified during your consultation isn’t a good fit, this is not considered a failure. Instead, we’ll schedule one complimentary follow-up consultation to continue assisting you on your journey. If a pharmacist misses a scheduled consultation, we’ll reschedule a new consultation free of charge to ensure your experience is seamless and your needs are addressed promptly. Our primary goal is to build long-term relationships and ensure you feel supported at every step. If you are dissatisfied with your experience, please reach out to our customer support team, and we’ll work with you to resolve the issue, which may include scheduling additional consultations at no charge. To discuss your concerns, simply contact our customer support team with your consultation details. Please note that this policy may be updated periodically, and the most recent version will always be available on our website.
We reserve the right to terminate your account and revoke your access to the Platform should we receive a chargeback on any payments you’ve made for Services rendered by NuggMD, or if a refund for Services rendered is issued.
Multi Year Packages
Those who purchase two or three medical practitioner consultations at one time ("Multi Year Packages") are required to see their medical practitioner for renewal each year or otherwise in accordance with applicable laws. Purchasing a Multi Year Package does not mean that your recommendation or certification is valid for multiple years; instead, it means that you are paying upfront for multiple consultations. Consultations purchased in the Multi Year Package must be used in consecutive years. After the first consultation of a Multi Year Package, if a consultation is not scheduled within three months after a renewal medical marijuana recommendation expires, then such consultation will expire and be non-refundable. Multi Year Packages and individual consultations are non-transferable, non-refundable, and cannot be redeemed for cash. Medical Practitioner availability is subject to change without notice, and NuggMD cannot guarantee that specific medical practitioners will be available. NuggMD will send reminder notices prior to your consultation’s expiration.
Packages
Those who purchase NuggMD Packages shall receive access to discounts to applicable retailers. The value of the discounts shall be in an amount determined by the tier of Package (Lite, Standard, Pro) that you purchase. Standard cancellation and refund terms shall apply in accordance with Section 15a.
NuggMD makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-NuggMD website, please understand that it is independent from NuggMD, and that NuggMD has no control over the content on that website. In addition, a link to a non-NuggMD website does not mean that NuggMD endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.
As a condition of receiving our healthcare or telehealth services, you expressly consent to receive automated and non-automated transactional text messages to the telephone number you provide. These messages are limited to communications necessary to deliver care, manage your account, and support clinical operations, including appointment-related notifications, care instructions, prescription coordination, and billing communications.
You acknowledge that text messaging may not be a secure form of communication and that such messages may include limited protected health information (PHI) as permitted by law. You understand that consent to receive these required communications is necessary for participation in the Services, and that opting out may result in delayed care or termination of access to the Services. While we take reasonable steps to protect your information, text messages may be viewed by others with access to your mobile device or mobile account. Please notify us if your mobile number changes or if you believe your communications are no longer secure. Message and data rates may apply.
To stop receiving text messages, text a reply to us with the word STOP. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about your services.
NuggMD or your Provider may record (audio and video) all or part of your interaction with us or them ("Recordings"). Such Recordings are used for quality assurance and training purposes, to better deliver to you the products and services, and to help us improve the Platform. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.
NuggMD, Medical Group, and your Provider are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") and the Telephone Consumer Protection Act ("TCPA"). You consent to receive text messages from us as set forth in the above section, Consent to Receive Calls, Text Messages, and Audio and/or Video Recording. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please .
These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
To be a healthcare provider using the Platform (for purposes of this Section, "Provider" or"you"), you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by the Medical Group, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the NuggMD users (including, but not limited to, your Medical Group patients) is directly between you and the patient. The patient will never have a physician-patient relationship with NuggMD. NuggMD does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and NuggMD are each responsible for all billings and collections from patients and other consumers, and NuggMD will have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
We do not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Platform in determining Provider’s compliance obligations under the law. Provider and NuggMD agree that NuggMD is not providing to customers, patients, or anyone else, medical advice, or legal advice. THE PLATFORM is NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Provider will use the Platform only in accordance with applicable standards of good medical practice. While software products such as the Platform can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship, can affect a patient’s outcome, and with intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Platform and the provision of medical services to Provider’s patients. In this regard, Provider releases NuggMD and waives any and all potential claims against NuggMD as a result of Provider’s use of the Platform and the provision of Services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify, and hold NuggMD harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against NuggMD, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Platform. To the extent applicable, Provider will obtain NuggMD’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of NuggMD or defect in the Platform. NuggMD will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Platform ("Provider Content") or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mails, telephone calls, mailings, or any other method of communication. You represent and warrant to NuggMD that you have the legal right and authorization to upload all Provider Content to the Platform. NuggMD has a royalty-free, irrevocable, transferable right, and license to use the Provider Content however NuggMD desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. NuggMD is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
NuggMD does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Platform. You grant NuggMD the right to use the name that you submit in connection with any Provider Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Platform or provide to patients or other consumers. NuggMD and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
NUGGMD DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THIS PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. NUGGMD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. NUGGMD DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY NUGGMD ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
NUGGMD AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF NUGGMD TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).
The App may enable access to NuggMD’s and/or third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. NuggMD is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the App or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by NuggMD or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of NuggMD or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that NuggMD is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. NuggMD reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
We will try to work in good faith to resolve any issue you have with the Platform, including Products and Services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and NuggMD agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including Products and Services ordered or purchased through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and NuggMD are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and NuggMD.
If you desire to assert a claim against NuggMD, and you therefore elect to seek arbitration, you must first send to NuggMD, by certified mail, a written notice of your claim ("Notice"). The Notice to NuggMD should be addressed to: LFG Enterprises, Inc. d/b/a NuggMD, Attn: LEGAL NOTICE, 10573 W Pico Blvd #62, Los Angeles, CA 90064 ("Notice Address"). If NuggMD desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by NuggMD, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If NuggMD and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or NuggMD may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by NuggMD or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the Judicial Arbitration and Mediation Services at www.jamsadr.com. If you are required to pay a filing fee, after NuggMD receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Comprehensive Arbitration Rules and Procedures (collectively, "JAMS Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), as modified by these Terms of Use, and will be administered by the JAMS. The JAMS Rules and Forms are available online at www.jamsadr.com or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless NuggMD and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the JAMS Rules, including the JAMS rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of NuggMD’s last written settlement offer made before an arbitrator was selected (or if NuggMD did not make a settlement offer before an arbitrator was selected), then NuggMD will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee-shifting provided by law.
YOU AND NUGGMD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NuggMD agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Los Angeles County, California. Both NuggMD and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.
If you are a UK resident, you are not required to resolve disputes via arbitration and may seek alternative dispute resolution (ADR) methods.
You may file complaints with the UK Information Commissioner’s Office (ICO) for data protection issues or pursue legal action under UK consumer protection laws
For any concerns, please contact us at info@nuggmd.com before escalating a dispute.
NuggMD reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between NuggMD and you pertaining to the subject matter hereof. In its sole discretion, NuggMD may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
LFG Enterprises, Inc. d/b/a NuggMD
10573 W Pico Blvd #62, Los Angeles, CA 90064
Telephone: 405-322-5888
Email: info@nuggmd.com