Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website located at vesselnm.com (the "Site"), and your interactions with Vessel Health LLC ("Vessel Health," "we," "us," "our"), including our online and AI-assisted voice/text scheduling system, patient communications, and membership programs (collectively, the "Services"). By accessing or using the Site or Services, requesting or scheduling an appointment, enrolling in a membership program, or opting in to receive text messages from us, you agree to be bound by these Terms and by our Privacy Policy, available at vesselnm.com, which is incorporated into these Terms by reference. If you do not agree to these Terms, please do not use the Site or Services.

These Terms govern your use of our Site and Services generally. They do not create, and should not be interpreted to create, a contract for the provision of medical services; your relationship with Vessel Health as a patient is separately governed by consent-to-treatment forms, financial policies, and other documents you sign in connection with your clinical care.

Vessel Health LLC is a cardiovascular, vein, and vascular health and wellness clinic located at 10601 4th St NW, Albuquerque, NM 87114, founded by Dr. Harvey White, MD, FACC. Vessel Health offers, among other things:

• Cardiovascular screenings and diagnostics.
• Vein health services, including vein mapping and radiofrequency ablation.
• Vascular health services, including carotid, renal, and aortic duplex scanning and ankle-brachial index (ABI) testing.
• Primary care services.
• Wellness and membership programs, including LifeSHIP and PASSPORT membership.

The Site provides general information about Vessel Health and its services and allows visitors to request or schedule appointments. The Site is not intended to provide medical advice, diagnosis, or treatment (see Section 3).

3. Not Medical Advice; No Doctor-Patient Relationship; Emergency Disclaimer

The Site, any wellness or educational content we publish, and any general information provided through our AI-assisted voice or text scheduling assistant are provided for general informational purposes only and do not constitute medical advice, diagnosis, or treatment. They are not a substitute for professional medical evaluation, diagnosis, or treatment by a qualified physician or other licensed healthcare provider. Always seek the advice of Dr. White or another qualified healthcare provider with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking it because of something you read or were told through our Site, texts, or scheduling assistant.

No doctor-patient relationship is created by your use of the Site, by scheduling an appointment through our online or AI-assisted scheduling tools, by exchanging text messages or calls with our scheduling assistant, or by any other interaction with us prior to your in-person or telehealth encounter with a Vessel Health provider. A doctor-patient relationship is established only once you have been evaluated by a Vessel Health provider in the course of an actual clinical encounter.

If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. Do not use the Site, text messaging, voicemail, or our AI-assisted scheduling assistant to communicate urgent or emergency medical concerns.

You must be at least 18 years old, or accessing the Site with the involvement of a parent or legal guardian, to use the Site or Services on your own behalf. By using the Site, you represent that the information you provide to us is accurate and that you have the authority to provide it (including, for a minor patient, that you are their parent or legal guardian). You agree not to: use the Site for any unlawful purpose; attempt to gain unauthorized access to our systems or another user's account; interfere with or disrupt the Site or our scheduling systems; scrape, harvest, or use automated means to collect data from the Site without our prior written consent; or misuse our AI-assisted voice/text scheduling assistant, including by submitting fraudulent scheduling requests or harassing our staff.

We ask that you provide accurate and complete information when scheduling an appointment, whether online, by phone, in person, or through our AI-assisted voice/text scheduling assistant. To help us serve all patients efficiently, we request at least 24 hours' notice if you need to cancel or reschedule an appointment.

Appointments cancelled with less than 24 hours' notice, or missed without notice ("no-shows"), may be subject to a no-show/late-cancellation fee of up to \$50 per missed appointment, which may be charged to the payment method on file, at Vessel Health's discretion. Fees for missed or late-cancelled appointments are not covered by insurance and are the patient's responsibility. Repeated no-shows or late cancellations may result in a requirement to prepay for future appointments or, at Vessel Health's discretion and consistent with applicable professional and ethical obligations regarding patient abandonment, discharge from the practice with reasonable advance notice and assistance transitioning care.

6.1 General Payment Terms

Payment for services is due at the time services are rendered unless other arrangements have been made in advance or your insurance plan provides otherwise. We accept the payment methods posted at our office. You are responsible for any applicable co-payments, co-insurance, deductibles, or non-covered services under your insurance plan. Vessel Health will make reasonable efforts to verify insurance eligibility and benefits in advance of your appointment, but eligibility and benefit information provided by an insurer is not a guarantee of payment or coverage.

6.2 LifeSHIP and PASSPORT Membership Programs

Vessel Health offers optional wellness membership programs, including LifeSHIP and PASSPORT (each, a "Membership Program"). Enrollment in a Membership Program is subject to a separate membership agreement provided to you at the time of enrollment, which describes the specific benefits, fees, billing frequency, and cancellation terms applicable to that program. Unless otherwise stated in your membership agreement, membership fees are billed on a recurring basis (for example, monthly or annually) to the payment method you provide, and you may cancel your membership by providing written notice to Vessel Health at least 30 days before your next billing date. Membership Program fees are separate from, and are not a substitute for, health insurance, and enrollment in a Membership Program does not guarantee coverage of, or a specific outcome from, any particular clinical service.

7.1 Program Description

By providing your mobile phone number to Vessel Health and opting in as described below, you agree to receive text messages from Vessel Health as part of the Vessel Health Text Notification Program, which may include appointment reminders and confirmations, rescheduling and cancellation notices, intake requests, membership account notices, and, only if you separately opt in, wellness tips and clinic announcements. Messages may be sent by our staff or generated through our AI-assisted scheduling assistant operating through our CRM platform, GoHighLevel.

7.2 Opt-In and Consent

You opt in to the Vessel Health Text Notification Program by providing your mobile number and affirmatively agreeing to receive text messages, whether in person, by phone, through our online scheduling form, or by texting our office directly. Consent to receive text messages is not required as a condition of purchasing or receiving any service from Vessel Health. Message and data rates may apply, depending on your mobile carrier and plan.

7.3 Message Frequency

Message frequency varies and generally ranges from approximately 1 to 4 messages per month, though you may receive additional messages during periods of active scheduling, intake, or membership enrollment.

7.4 Opt-Out (STOP), Help (HELP), and Rejoining (START)

Reply STOP to any text message at any time to opt out of the program; you will receive one confirmation message and no further messages unless you re-enroll. Reply HELP to any message, or contact us at (505) 828-3000 or info@vesselnm.com, for assistance. To rejoin after opting out, reply START to a prior message thread, or provide your consent again by phone, in person, or through our online scheduling form.

7.5 Carrier Disclaimer

Message delivery is subject to your mobile carrier's network, coverage, and service availability. Carriers participating in this messaging program are not liable for delayed or undelivered messages. This program is supported on major U.S. wireless carriers.

7.6 No Sharing of Mobile Opt-In Data for Marketing

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and mobile phone numbers collected through the Vessel Health Text Notification Program will not be shared with any third parties, except for aggregators and providers of the text message services (such as GoHighLevel and our telecommunications carriers) who process this information solely on our behalf to operate the program. This information is used solely to operate the program described in this Section 7 and in the SMS/Text Messaging Program section of our Privacy Policy.

7.7 Compliance with Industry Standards

The Vessel Health Text Notification Program is operated consistent with the CTIA Messaging Principles and Best Practices and applicable Application-to-Person (A2P) 10DLC wireless carrier requirements.

7.8 Legal Compliance Note

Our text messaging program is intended to comply with the Telephone Consumer Protection Act (TCPA) and, to the extent applicable, the CAN-SPAM Act and Federal Communications Commission (FCC) regulations governing commercial electronic messages.

7.9 Related Policy

Please also review the SMS/Text Messaging Program section of our Privacy Policy at vesselnm.com, which describes how we collect, use, and protect information associated with this program. These Terms and our Privacy Policy should be read together.

When you call our scheduling line or text our office, you may interact with an AI-assisted voice or text-based scheduling assistant operating on our behalf through our CRM platform, GoHighLevel. This assistant is designed to help you schedule, confirm, reschedule, or cancel appointments and answer routine administrative questions. It is not a substitute for medical advice and cannot answer clinical questions (see Section 3). Calls and messages handled by the assistant may be recorded and/or transcribed for quality assurance, training, and recordkeeping purposes. You may request to speak with a member of our staff at any time by asking during the call or by calling us directly at (505) 828-3000.

Your Protected Health Information is handled in accordance with HIPAA and our separate HIPAA Notice of Privacy Practices, which is provided to all patients and is available at our office and upon request. These Terms and our Privacy Policy do not govern the use or disclosure of Protected Health Information; our Notice of Privacy Practices controls in the event of any conflict.

To request copies of your medical records, submit a written request or completed medical records release/authorization form to our office at 10601 4th St NW, Albuquerque, NM 87114, call us at (505) 828-3000, or email info@vesselnm.com. We will respond to record requests within the time required by applicable law and may charge a reasonable, cost-based fee for copying, mailing, and staff time as permitted under New Mexico and federal law.

All content on the Site, including text, graphics, logos, images, and software, is owned by Vessel Health or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site content for your personal, non-commercial use. You may not reproduce, distribute, modify, publicly display, or create derivative works from any Site content without our prior written consent, except as permitted by applicable "fair use" law.

When using our Site or Services, you agree that you will not:

• Provide false, misleading, or fraudulent information when scheduling an appointment or communicating with our staff or scheduling assistant.
• Use the Site or Services for any unlawful purpose or in violation of these Terms.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Attempt to interfere with, disable, or disrupt the Site, our scheduling systems, or our AI-assisted voice/text scheduling assistant.
• Harass, threaten, or abuse our staff, whether in person, by phone, or through text messages.
• Attempt to reverse-engineer, scrape, or extract data from the Site or our scheduling systems without our prior written consent.

Our Site and Services may include links to, or rely on, third-party websites, platforms, or services that are not owned or controlled by Vessel Health, including our CRM/scheduling platform (GoHighLevel), payment processors, and telecommunications carriers. We are not responsible for the content, policies, or practices of any third-party sites or services. We encourage you to review the applicable terms and privacy policies of any third-party service you use in connection with our Site.

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR OUR AI-ASSISTED SCHEDULING TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER DOES NOT APPLY TO, AND HAS NO EFFECT ON, THE STANDARD OF CARE APPLICABLE TO THE CLINICAL SERVICES PROVIDED BY VESSEL HEALTH'S LICENSED PROVIDERS, WHICH IS GOVERNED BY APPLICABLE NEW MEXICO LAW AND PROFESSIONAL STANDARDS, NOT BY THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VESSEL HEALTH AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR SERVICES (INCLUDING OUR AI-ASSISTED VOICE/TEXT SCHEDULING ASSISTANT), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES (EXCLUDING CLINICAL CARE, WHICH IS ADDRESSED BELOW) WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO VESSEL HEALTH FOR NON-CLINICAL SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (\$100).

Nothing in this Section 14 limits or excludes liability for the negligent provision of medical care by Vessel Health's licensed providers, which is governed by applicable New Mexico law and professional standards of care, separately from these website and scheduling Terms, nor does it limit liability for gross negligence, willful misconduct, or any other liability that cannot be limited or excluded under applicable law.

You agree to indemnify, defend, and hold harmless Vessel Health and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: your violation of these Terms; your misuse of the Site, Services, or our AI-assisted scheduling assistant; your violation of any applicable law; or information you submit to us that you know to be false or misleading.

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms, the Site, or the Services (other than a claim for professional negligence relating to clinical care, which is governed by applicable New Mexico law) will be subject to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico, and you consent to personal jurisdiction in those courts. Before filing a formal legal claim relating to the Site or Services, we encourage you to contact us using the information in Section 19 so that we can attempt to resolve the issue informally.

We may update these Terms from time to time to reflect changes in our Services, technology, legal requirements, or other factors. We will post the updated Terms on our Site with a revised "Effective Date." Your continued use of the Site or Services after any changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. These Terms, together with our Privacy Policy and any separate agreements you sign in connection with your clinical care or membership enrollment, constitute the entire agreement between you and Vessel Health regarding your use of the Site and Services and supersede any prior agreements on that subject.

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

Vessel Health LLC

10601 4th St NW, Albuquerque, NM 87114

Phone: (505) 828-3000

Email: info@vesselnm.com

Website: vesselnm.com

These Terms and Conditions should be read together with our Privacy Policy (vesselnm.com) and our HIPAA Notice of Privacy Practices, available upon request.