Terms of Service for 2025 Fertility Study

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BY ACCESSING OR USING THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT USE THE SERVICES.

These Terms of Service (“Terms”) contain a mandatory arbitration provision and other dispute resolution agreements that require the use of arbitration on an individual basis and limits the remedies available to you and LERA in the event of certain disputes. That means that you and LERA are each giving up rights to sue each other in court or in class actions of any kind.  You have the right to reject the arbitration provision as provided below. PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY IN SECTION 24 BELOW.

LERA Health, LLC, LERA Medical Informatics, LLC, and other affiliates/subsidiaries doing business under the “LERA” trade name (collectively “LERA”) provide a platform and services to empower its clients (“Members”) with their health data and educational resources to transform their health today and own their health futures.  Our services include access to the LERA website, mobile application, and health testing services, including the collection and analysis of biological samples, access to supplements complementary to the LERA protocols, one one-on-one coaching services, and educational content (each a “Service” and collectively the “Services”).  Members will be required to create an account on the LERA website and mobile application (“LERA Account” or “Account”) and will be asked to complete an initial health assessment in full to start the biological sample testing process and view the results and recommendations sent through the Services. To use the Services, you must: (a) be at least 18 years old; (b) reside in the United States; and (c) not be a current Medicare beneficiary. Due to limitations imposed by law in certain locations, use of our Services or certain features, add-ons, and specific components of the Services may not be available in certain states.

LERA is not intended to replace your primary care provider or be used for emergencies or mental health crises.  If you are experiencing an emergency, you should dial 911 immediately.  LERA CONTRACTS WITH AN INDEPENDENT CLINICAL LABORATORY TO PERFORM TESTING SERVICES AND AN INDEPENDENT HEALTHCARE PROVIDER GROUP TO PROVIDE CLINICAL SERVICES. LERA IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE OR CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS. THE SERVICES OFFERED ARE GENERAL IN NATURE AND NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTHCARE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES AND ITS INFORMATION.  ANY INFORMATION CONTAINED HEREIN IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENT OR MEDICATION.

Biological samples (each a “Sample” and collectively the “Samples”)) are collected by LERA’s partners for certified testing and analysis.  Data concerning a Member’s Samples, together with Member-provided health assessment information (collectively “Health Data”) is analyzed using LERA’s proprietary technology to generate highly personalized health recommendations (“Personalized Health Plan”) unique to each Member.  Each Member can access their Health Data and Personalized Health Plans via their secure, HIPAA-compliant LERA web or mobile application.


LERA does not provide clinical services or lab review services.  Clinical services and lab review services are provided by MyTelemedicine, Inc. and its affiliated clinicians (“MTM Provider Group”), an independent entity not affiliated with LERA.  By becoming a LERA Member and requesting clinical services and lab review services, you agree that your relationship to MTM Provider Group is independent and is governed by MTM’s Terms of Use.  You understand when you pay upfront for a test or prescription, you will be required to accept certain consents and provide certain information upon receipt of the test or prescription order for MTM Provider Group and/or LERA.  If you do not accept such consents or provide such information, you will not be eligible to receive services from MTM Provider Group. You are not required to request clinical services or lab review services through LERA or from MTM Provider Group. If you would prefer to have your primary care provider provide clinical services and lab review services, please share your test results and personalized recommendations with your primary care provider.


  1. Privacy Policy

Please review LERA’s Privacy Policy which describes in detail how LERA collects, uses, stores, maintains, processes, discloses, and protects your information when using the Services.

  1. Ownership of Services and Materials

The Services and all designs, text, graphics, pictures, images, content, videos, packaging, formulas, ingredients, technology, know-how, information, data, recommendations, results, and software (including Software as defined below) contained in or comprising of the Service, except for the User Content as defined below (collectively, the “Materials”), are the exclusive property of LERA or LERA’s licensors and are protected by U.S. and international copyright, trademark, trade secrets, patent, and other intellectual property laws.

  1. Software and Mobile Applications

Your rights in use of any software including any mobile applications (“Software”) that is not accompanied by a separate license agreement are governed by and subjected to the license granted in these Terms. Your license to such Software is limited to use of the object code of such Software on a single computer or device. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless otherwise specifically agreed to in writing between you and LERA. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by LERA for use in accessing the Service. Any rights not expressly granted herein are reserved.

  1. Limited License to Use

Subject to your compliance with these Terms, LERA grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Services or the Materials. This license shall remain in effect until and unless terminated by you or LERA. You represent and agree that you are using the Services for your own personal, non-commercial purpose, and that you will not redistribute, resell, or transfer the Service or the Materials. You agree to abide by our Terms and not to use the Services or any part of it in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, LERA grants no right, title, or interest to you or any third party in the Services or the Materials. You shall not modify, lease, sell, distribute, or create derivative works of the content of the Services or Materials, unless otherwise specifically agreed in a separate agreement between you and LERA.

  1. Registration

When you create a LERA Account, you are required to provide certain registration information about yourself and about purchasing our Services (e.g. name, email, address, phone, user name, password, birthdate, and payment information).  You must (a) provide accurate and complete registration information, and (b) update such information from time to time using your Account as necessary to keep your registration information current and accurate. By establishing a LERA Account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide for yourself or those for whom you have legal authority to agree when you create a LERA Account.  You are responsible for maintaining the accuracy and confidentiality of your Account information and password and for restricting access to such information and to your computer or device. You agree to (a) immediately notify LERA of any unauthorized access or use of your password or Account or any other breach of security. All activities that occur under your Account or password, including all Services, will be your responsibility. You agree that LERA will not be liable for any incorrect shipments, loss or damage arising from your failure to comply with this section.

  1. Charges and Billing; Subscription Services

When you purchase any Services offered by LERA, you authorize us to charge your credit card or other payment method you have chosen (“Payment Method”) for all fees applicable to your purchase of Services including all included Services and opt-in services associated with the Services if you ordered them. When you purchase a subscription Service offered by LERA, you authorize us to charge your Payment Method at the time of purchase, and on a recurring basis while you maintain your subscription. You must provide a valid Payment Method when you order LERA Services. You represent and warrant that you are authorized to use such Payment Method, and you agree to pay all fees and charges incurred using that Payment Method by your Account. You agree and authorize us to provide your Payment Method information and related personally identifiable information (“PII”) to our designated third-party service provider(s) including payment processors for their use in charging you for the Services ordered by you. You agree to immediately notify LERA of any changes to your information, including your billing address or the Payment Method used for payments.  If for any reason, LERA does not receive payment from your Payment Method, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that LERA may deactivate or suspend your subscription and/or Account and continue to attempt to charge your Payment Method until the payments due are received. Upon receipt of all payments due, your subscription and your Account will be re-activated.  You agree that our subscription fees are subject to change, however, we agree that we will notify you before any changes to subscription fees. You also agree that subject to payment of appropriate subscription fees, you are able to change your existing subscription to another subscription. LERA reserves the right to refuse to provide subscription Services to any customer or potential customer and shall not be required to provide a basis or reason for such a decision.  Your subscription Service will automatically renew until you cancel it or until it is terminated by LERA (see “Termination” section below). LERA reserves the right to request additional information for verification purposes prior to canceling your subscription.  All fees and charges for Services are exclusive of sales tax and other applicable taxes, and you are responsible for payment of any and all applicable taxes (other than taxes on LERA income). Sales Tax as used herein shall mean any sales or use tax, functional equivalent of a sales tax, or other tax measured by sales proceeds that LERA is permitted to pass on to its customers.  We reserve the right to accept or reject orders for Services for any reason. Price and availability of Services are subject to change without notice.  YOU AGREE THAT ANY PAYMENT SUBMITTED BY YOU TO LERA FOR SERVICES IS SUBMITTED ON BEHALF OF YOURSELF, WITHOUT EXPECTATION OF ANY REIMBURSEMENT BY THIRD-PARTY PAYERS. LERA DOES NOT UNDERTAKE TO SUBMIT ANY INFORMATION PROVIDED BY YOU FOR REIMBURSEMENT OR PAYMENT FROM PRIVATE INSURANCE CARRIERS, MEDICARE, MEDICAID, OR ANY OTHER THIRD-PARTY PAYERS.

  1. Unlawful and Prohibited Use Policy

As a condition for using the Service, you represent and agree not to engage in any of the following activities that are unlawful or prohibited by these Terms.  You agree not to: (a) make any use of the Services that violates applicable law, (b) copy any materials on the LERA website; (c) resell any portion of the Services or any materials on the LERA website; (d) use any automated tools to access the Services or download any portion of the Service; (e) gain or attempt to gain any unauthorized access to LERA’s servers/systems; (f) misrepresent any information about you; (g) send any communications to other LERA users; (h) upload any content to the LERA website that you do not have permission to use; and (i) engage in any conduct that violates these Terms or our Privacy Policy.

  1. Breach  

You represent and agree that you are solely responsible for, and LERA has no responsibility to you or to any third party for, any breach of your obligations under these Terms (including the Unlawful and Prohibited Use Policy) and other terms you have agreed to, and you are solely liable for the consequences (including any loss or damage which LERA and their licensors or third parties may suffer) due to any such breach or violation of these Terms. In case of violation of any one or more of these terms, representations, conditions, and policies, or if LERA has a reasonable ground to suspect that you have violated these Terms, you understand and agree that LERA has the right to suspend or terminate your Account, refuse any and all current or future access to and use of the Services, and seek injunctive relief, monetary damages, and any other remedies available in law and equity.

  1. Modifications, Updates, and Delays

LERA reserves the right at any time to modify, revise, update, and discontinue the Services (or any part thereof) and/or these Terms with or without notice. You acknowledge and agree that modifications or updates may result in delays in computations for some features of Services.  Certain conditions and circumstances associated with the business operations of the Services may result in unexpected delays in shipping or processing, testing, and analysis of the Samples you have returned. LERA may or may not provide you with specific notices applicable to these delays. While LERA endeavors to take commercially reasonable steps to minimize such delays, LERA shall not be liable to you or to any third party for any such delays associated with the Services.  Sometimes, LERA’s partners may not be able to process a Sample or our testing process may result in errors due to several reasons which may include but not be limited to Samples containing insufficient volume or the testing results not meeting our standards for accuracy (“Sample Failure”). This may result in unexpected delays in processing your Sample. On such occasions, LERA will notify you of the Sample Failure and details applicable to processing a new Sample in place of the failed Sample.  You agree that processing orders from and shipping Kits to certain locations may take extra time due to additional constraints applicable to payment verifications and restricted timelines given by shipping carriers.  You agree that your delay in creating a LERA Account (on the website or mobile application) and providing answers to the initial questionnaire in full will cause a delay in starting the Sample testing process, which in turn cause a delay in completing your test results and receiving your recommendations.

  1. New and Additional Features

You acknowledge that LERA may, from time to time, offer optional new or additional technologies or features to the Services that may only be available to you with an additional fee, and that you will have to pay additional fees in order to have these features in your Services. Such features will be optional and purchasable at your choice; you will not be charged for these features unless you specifically purchase them.

  1. User Content

Some features of our Services may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“User Content”) that you have made available to LERA and other users of the Services. You acknowledge that User Content you post or otherwise transmit may contain information concerning your health conditions and/or use of the Services and you are solely responsible for all such User Content that you choose to post or otherwise transmit to or through the Services.  LERA has the right to refuse to accept or publish any User Content. You agree that LERA, at its sole discretion, has the right (but not the obligation) to screen, reject, retain, or remove any User Content, or any portion thereof, posted using the Services that infringes LERA’s or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable. LERA reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. LERA has the right to suspend or terminate the Services at any time without preserving your User Content.  In using the Services, you agree not to post any User Content that: (a) is false, deceptive, deceitful, misleading, unauthorized, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) contains private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (f) contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; (g) in the sole judgment of LERA, may expose LERA to any harm or liability of any type; or (h) harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.  By sending User Content, you grant LERA and its affiliates a perpetual, irrevocable, worldwide, royalty-free, freely transferable and sub-licensable (through unlimited levels of sublicense) non-exclusive license and right to use, reproduce, modify, transmit, translate, publish, publicly perform, display, distribute, commercialize, share with third parties, transmit or distribute over a public network and media, and create derivative works of such User Content for purposes specified in these Terms and for delivering the Services to you and other users of the Services. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted herein; (ii) the User Content is accurate and not misleading; (iii) distribution of the User Content you supply per your direction does not violate these Terms; and (iv) will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction.

  1. Consent to Receive Emails and Notices

By using the Services, you consent to receive emails from LERA, which may include commercial emails. We may use your information to send you news or product updates. You may “opt-out” of receiving marketing or promotional email from LERA by following “unsubscribe” instructions or using “unsubscribe” links within communications we send. As long as you maintain an Account, you may not "opt-out" of receiving Account-related emails from LERA.

  1. Sample Collection and Submission

Irrespective of the Services you purchased, or consented to use, the Kits will include detailed instructions on Sample returns and specific timelines applicable to such Sample returns, Kit registration details, and how to use the Kits correctly to collect and return your Samples. The Sample return policy, Sample collection instructions, and any shipping guidelines provided with the Kits are incorporated herein by reference as part of these Terms.  You are expected to read and adhere to the terms of these instructions, policies and guidelines.  After you collect your Samples, you agree to return the Samples to LERA’s partners according to the shipping instructions provided with the Kits, within the designated timelines specified in the Sample return policy, for testing and analysis. You may collect all Samples at home. You agree to read the instructions carefully and use Kits according to the accompanying instructions for each Kit.  Your Kit must be used, and your Sample be returned to LERA for processing, within nine months of the purchase date. After this time, the Kit is deemed to have expired.  You acknowledge and agree that our clinical laboratory partners, and not LERA, perform the test on your Sample. You further acknowledge that, depending on the Services you purchased, our clinical laboratory partner may be required by law to report information about your test results to state or federal agencies responsible for monitoring, preventing, or controlling diseases.

  1. Samples and Test Results

LERA will provide you with test results, and personalized recommendations derived from the application of LERA’s proprietary technology and methodologies in the analysis of your Sample data and other information such as self-reported information you provided. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all. Further, no refunds will be given for any Kits when the Samples have been sent to LERA for processing.  Data from your Samples will be saved on LERA’s secure cloud servers with industry-standard privacy and security safeguards. LERA may also use test results to improve its data analysis methods and the artificial intelligence engine.

  1. Clinician Oversight

For a lab to process your request for Services, you must submit applicable information necessary to enable the reviewing practitioner to assess whether the test Services are appropriate for you, and will review the test results if and when furnished by such lab. You understand and agree that as to certain tests offered through the Platform you do not necessarily establish a provider-patient relationship with the reviewing provider simply as a result of your purchase or use of the test Services.  If you receive a laboratory test result with a value that is considered a critical result, as determined by the lab performing the test Services (“Critical Result”), a care coordination team member will attempt to reach out to you at the phone number you provided when ordering the test Services, to review the test results with you, offer education and discuss options. The coordination team may leave you a voicemail, email, or mail a letter to the residential address you indicated in your Account profile, but such communication will not include your test results in any voicemail message. An educational or other consult may also be available upon request with a practitioner to discuss the test results. Except as specifically provided in any Services offering description, the practitioner will neither initiate treatment nor prescribe any medication or device, but rather will direct you to follow-up with your regular healthcare practitioner or primary care physician.  If you receive a Critical Result and have not connected with the coordination team, you should not delay following up with your personal physician.


  1. Ownership; Use of Health Data

By submitting Samples, health assessments and other health data to LERA and LERA’s partners, you agree to, and hereby do, transfer and assign to LERA and its assignors and successors all right, title, and interest in and to the Samples, self-reported information, analysis, test results, Sample data, and other data derived therefrom. If laws in certain jurisdictions limit such transfer and assignment, you agree to grant LERA an exclusive, worldwide, irrevocable, royalty-free, sublicensable, and perpetual license to use the aforesaid data. You understand and agree that LERA may use your Samples and any data related thereto or derived therefrom (including, without limitation, your answers to questionnaires submitted by LERA as part of the Services or information regarding you, your health, lifestyle or medical history submitted by you to LERA), in accordance with the terms of our Privacy Policy for improving our data analysis methods and the artificial intelligence engine, for internal use, Research, Research Studies, and for generating analytics broadly at the population level. Please read the Privacy Policy for further information on the use of Samples and other data for these purposes.

  1. Waiver of Rights

You understand that you will not receive and you agree to waive any compensation (by way or cash, equity, use rights, or other current or future financial benefit or reward) from LERA as a result of having your Sample or any data related thereto or derived therefrom analyzed, processed, made the subject of Research, Research Studies, or included in studies with our collaborators, including commercial partners as stated in these Terms. You understand that by providing any Sample, having your Sample processed, accessing your Sample, or providing any self-reported information to LERA, you acquire no rights in or title to any Research, Research Studies, or commercial products that may be developed by LERA or its collaborating partners. You specifically understand that you will not receive compensation for any commercial products that use, include or result from Samples or any other information you provide to LERA as part of Research and Research Studies, and you agree to waive any and all rights or claims to them.

  1. Termination

These Terms will continue to be effective until terminated by either you or LERA as set out in this section. You may terminate your legal agreement with LERA, by notifying LERA at any time in writing, along with a request to close your Account for the Services. Your notice should be sent, in writing, by email addressed to: support@lerahealth.com.  Upon receipt of a notice online (by email), LERA will send you an email asking for confirmation of your request, and your notice will be effective following receipt of a second email from you by LERA confirming that you are requesting closure of your Account, and LERA confirming such closure. If you want to cancel or pause your subscription without closing your account, you can do so by sending an email with your name and the email address associated with your LERA Account with the subject "Cancel Membership" to: cancel@lerahealth.com.  LERA may at any time, terminate its agreement and your Account for any reason. LERA may also terminate its agreement and your Account if:
(a) you have breached any of these Terms; (b) LERA is required to do so by law (c) LERA Service partner has terminated its relationship with LERA or ceased to offer the Services to you; (d) LERA is no longer providing the Services to users in your location; or (e) provision of Services to you is no longer commercially viable.  You acknowledge and agree that LERA shall not be liable to you or any third party for its termination of these Terms, your Account, or access to the Services.  When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and LERA have benefited from, been subject to, or that have accrued over time while these Terms have been in force or that were expressed to continue indefinitely, shall be unaffected by this termination, and shall continue to apply to such rights, obligations, and liabilities indefinitely.

  1. Returns and Refund Policy

Subject to certain exceptions as specified below, we offer a full refund for LERA Services in the amount of the actual purchase price paid to LERA (“purchase price”) provided that the order is canceled within twenty-four (24) hours of the purchase.  To request a refund, please send a request to LERA by email to: support@lerahealth.com. 

  1. Trademarks

All LERA trademarks, service marks, trade names, logos, domain names, and any other features of the LERA brand are the sole property of LERA or its licensors. These Terms do not grant you any rights to use any LERA trademarks or brand features whether for commercial or non-commercial use.  LERA™, all LERA-associated logos, products and service names together with any other LERA trade names, service marks, logos, domain names, taglines, and other distinctive brand features are the trademarks or registered trademarks of LERA Health LLC. in the U.S. and in other countries. All other trademarks, service marks, and logos used in connection with our Services are the sole properties of their respective owners, and they are being used herein under licenses received by LERA from their owners. Unless you have specifically agreed otherwise in writing with LERA, other than the limited license specified herein, nothing in these Terms or Service gives you a right to use any LERA marks or the third-party marks, and you agree not to display or use LERA marks or the marks of their licensors used in connection with our Service in any manner. You agree that you shall not remove, obscure, or alter any proprietary rights, marks, attributions, or notices that may be affixed to or contained in the Services.  Unless otherwise expressly authorized in writing, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of LERA or any of its licensors in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

  1. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. LERA DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, LERA MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH SERVICES. LERA IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE LERA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, LERA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICE.  If the Services contain links to other sites and/or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. LERA has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Links to third-party websites or services on the LERA website or mobile application do not constitute an endorsement or approval of such websites or services.

  1. Limitation of Liability

IN NO EVENT SHALL LERA OR ANY OF ITS AFFILIATES, SUCCESSORS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM LERA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, PUBLIC HEALTH CRISIS, PANDEMIC, LOCKDOWNS, EMERGENCY LAWS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LERA’S SERVICES OR LERA’S RECORDS. TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF LERA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY FEES YOU PAID TO LERA. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LERA, SUCH AMOUNT SHALL BE ONE HUNDRED DOLLARS ($100).  CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SPECIFIED ABOVE, AND THEREFORE, DEPENDING ON YOUR LOCATION, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU. YOU AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LERA AND YOU.

  1. Indemnification

In addition to any other indemnification obligations elsewhere in these Terms, you agree to defend, indemnify and hold harmless LERA, its affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, including without limitation any actual or threatened suit, demand, or claim arising out of or relating to the use of customer content, the information supplied by you to LERA or to you by LERA, the conduct of your health care provider, your conduct, your violation of these Terms, or your violation of the rights of any third party.

  1. Dispute Resolution

Any controversy or claim between the parties or arising out of these Terms or any use of the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The selected arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, the AAA shall appoint one disinterested arbitrator to an arbitration panel to immediately hear and decide such requests. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, videoconference, and other forms of real-time communications. If the arbitrator requires in-person hearings, the hearings shall be held in Golden, Colorado. The arbitral award will be final and binding and may be entered and enforced in any court of competent jurisdiction. In no event shall any claim, action or proceeding related in any way to the Services be instituted more than one (1) year after the cause of action arose.

  1. Waiver of Jury Trials and Class Actions

BY ENTERING INTO THESE TERMS, YOU AND LERA ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.                                                                                                              

  1. Notices

LERA notices to you may be made via email or regular mail to the email address or home address then on file. LERA may also provide notices of changes to these Terms by displaying them on or through the Services. Any notices you provide us without compliance with this section on Notices shall have no legal effect. Unless otherwise specifically provided for, any official notices to LERA related to these Terms must be sent by email to: notices@lerahealth.com; or by mail to: Legal Department (Notices), LERA Health LLC, PO Box 16242, Golden, CO 80403.

  1. Applicable Law

These Terms and the resolution of any dispute related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without giving effect to that state’s principles of conflicts of laws. Subject to Sections 24 and 25 above, the federal and state courts of the State of Colorado shall have exclusive jurisdiction over all claims.

  1. Severability

If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

  1. Non-assignment

You may not assign these Terms without the written consent of LERA and any attempt to do so shall be void.

  1. Relationship

You agree that no joint venture, partnership, employment, or agency relationship is created by these Terms between you and LERA.

  1. Waiver

No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

  1. Force Majeure

If the performance of any part of these Terms or any of the Services by LERA is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, pandemic, public health crisis, judicial or governmental action, emergency, labor disputes, act of God or any other causes beyond the control of either party, LERA shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

  1. Entire Agreement

These Terms constitute the complete and exclusive terms of the agreement between the parties with respect to the use of the Service and any acts or omissions of LERA, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties with respect to the subject matter thereof.