• Effective: October 21, 2024
• Last Reviewed: April 22, 2025

CareOptima Management Services LLC d/b/a NexStep Health (including its owners, operators, managers, officers, employees, contractors, agents, affiliates, and their respective successors and assigns) (the “Company”) operates www.nexstephealth.com.  Through this web site, the Company provides coordination, support, medical appointment companion services and other related services (the “Services”) to Somera Medical LLC d/b/a NexStep Medical and other affiliated medical practices (collectively, “Participating Health Care Providers”), which in turn provide membership-based concierge health care navigation, care coordination, medical appointment support and home-based wellness and medical services (collectively, the “Practice Medical Services”). 

For purposes of these Terms and Conditions of Use (“Terms and Conditions”), the term “Site” refers to www.nexstephealth.com, including all pages therein, through which the Services are provided.  Also, the terms “you” and “your” and words of similar import refer to users of the Site who are individuals. You may use the Site only if you are an individual eighteen (18) years of age or older residing in the United States.  The Site is available only to individuals who can form legally binding contracts under applicable law.  ANY COMMUNICATION BETWEEN YOU AND PARTICIPATING HEALTH CARE PROVIDERS THROUGH THE SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CREATE NOR IS IT INTENDED TO CREATE A PHYSICIAN-PATIENT RELATIONSHIP AS DEFINED BY FEDERAL OR STATE LAW.  THE CONTENT OF THE SITE DOES NOT CONSTITUTE PROVIDING MEDICAL ADVICE OR PROFESSIONAL SERVICES. THE INFORMATION PROVIDED SHOULD NOT BE USED FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, AND THOSE SEEKING PERSONAL MEDICAL ADVICE SHOULD CONSULT WITH A LICENSED PHYSICIAN. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION. SCIENCE AND MEDICINE ARE CONSTANTLY EVOLVING FIELDS AND CHANGES MAY IMPACT THE INFORMATION CONTAINED HEREIN.  NEITHER THE COMPANY NOR ANY PARTICIPATING HEALTH CARE PROVIDER, INCLUDING WITHOUT LIMITATION SOMERA MEDICAL LLC, MAKES ANY REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION PROVIDED, AND ASSUMES NO OBLIGATION TO UPDATE ANY OF THE INFORMATION PROVIDED ON THE SITE. 

These Terms and Conditions govern use of the Site and constitute a binding contract between you and the Company.  By using the Site, you acknowledge that you are an individual eighteen (18) years of age or older residing in the United States and have read, understood and agree to be

bound by these Terms and Conditions.  You are personally liable for the actions you take while using this Site.

These Terms and Conditions are applicable to all portions of the Site except in certain cases where the Company discloses that certain areas are co-branded with a third party business partner, including but not limited to Participating Health Care Providers (a “Co-branded Site”).  Such a Co-branded Site may be subject to different terms and conditions of use that are either the business partner’s terms and conditions of use or terms and conditions of use developed jointly by the Company and such business partner.  Such Co-branded Site will also have its own privacy policy.  Before using a Co-branded Site or disclosing any personal information, you must read, understand and agree to be bound by the applicable terms and conditions of use and privacy policy for such Co-branded Site.

USE OF WEB SITE:

Subject to these Terms and Conditions, the Company will permit your use of the Site.  

The Company reserves the right at any time in its sole discretion to modify or discontinue the Site or to modify or discontinue any information or other content contained on the Site, whether posted by the Company, you, other individual users, Participating Health Care Providers or others.  In addition, the Company reserves the right to terminate or limit your access to any part or the entire Site, for any reason or no reason.  You acknowledge and agree that the Company shall not be liable to you or any third party for any claim relating to the termination or limitation of your access to any part or all of the Site.  Moreover, you agree to the following:

1. You shall use the Site solely for legitimate purposes.
2. For any aspects of the Site which may be passworded or for any Services where access is restricted to your account, you shall not disclose your password or account credentials to or permit use of the Site by any other person or entity.  You shall take such steps as are necessary to ensure that your password and account credentials remain confidential.
3. You shall not use your password or account credentials for any unauthorized purpose.  You shall immediately notify the Company in writing of any unauthorized use of your password, account credentials or the Site or any other breach of security.
4. You fully assume and agree to bear and be responsible for all risks arising out of your use of the Site.

GENERAL POLICIES OF OPERATION:

The Company reserves the right to monitor content on the Site and to remove or modify content which the Company in its sole discretion, determines to be harmful, offensive, or otherwise in violation of the Company’s policies of operation. You agree that the Company has the right, but not the obligation, to monitor, edit, disclose (subject to the Company’s Privacy Policy), refuse to post, or remove at any time, for any reason in its sole discretion, any material and content, including but not limited to your information and your posted items anywhere on the Site, e-mail

and other communication. Notwithstanding this right, you acknowledge that the Company does not, and cannot, review all materials posted to the Site by users (whether individuals, Participating Health Care Providers or otherwise), and the Company is not responsible for any such material posted by any user. 

In order to maintain an informative and valuable web site that meets the needs of the users of the Site and avoids the harm that can result from the dissemination of statements that are false, malicious, violate of the rights of others, or is otherwise harmful, it is necessary to establish the following rules to protect against abuse.  Violation of these rules may form the basis for terminating or limiting your access to part or all of the Site.

While using the Site you may not: 

• post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, harmful, vulgar, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. It is not the Company’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views or opinions; the Company does, however, reserve the right to take such action as it deems appropriate in instances where the Site is used to disseminate statements which are offensive and/or harmful in nature;

• post or transmit any message which solicits another person’s personal health information, including demographic data, that relates to the other person’s past, present or future physical or mental health or condition, the provision of health care to the other person, or to the past, present or future payment for the provision of health care to the other person;
• post or transmit any message which invades another person’s privacy or which discloses private or personal matters concerning any person other than yourself;
• post or transmit any material, non-public information about the Company or other companies without the authorization to do so;

• post or transmit any information, file or software that contains a virus, worm, Trojan Horse or any other contaminating, damaging or destructive features;

• post or transmit any message, data, image or program that would violate the contractual or property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks used in an infringing or unauthorized fashion;

• post or transmit any message, data, image or program that would damage or dilute the goodwill associated with the Company’s reputation or the Company’s trademarks;

• interfere, in any way, with other users of the Site;

• post or transmit junk mail, spam, charity requests, petitions for signatures, chain letters,  letters relating to pyramid schemes, or unsolicited mass distribution of e-mail or other solicitations;

• post, list or transmit any message or information, which is off topic according to the description of the area affected;
• use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site;
• take any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
• use artificial intelligence or any robot, spider, other automatic device or manual process to monitor or copy our Site’s pages or content without the Company’s express prior written permission;
• attempt to gain unauthorized access to other websites, computer systems or data through the Site;
• provide false information about yourself; 
• impersonate or misrepresent your affiliation with any other person or entity; or
• act in violation of any applicable laws.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material and content (including e-mail) placed or posted by you on the Site.

LINKS AND LINKING:  

The Site may contains links to other websites (“Linked Sites”) for information purposes only and the Company does not recommend or endorse any particular Linked Sites or the products or services available at Linked Sites.

There may also be websites that link to the Company’s Site (“Third Party Sites”).  Such websites must comply with the following requirements.  

A Third Party Site:

• may link to but not replicate content on the Site;

• must not create a browser or border environment around content on the Site;

• must comply with all applicable laws;
• must not present false information about the Company, the Company’s Site or the Company’s Services;
• must not imply or misrepresent any affiliation between the Third Party Site and the Company or Somera Medical LLC;
• must not use the Company’s trademarks without express prior written permission; and

• must not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for viewing by all age groups.

In addition, the following requirements apply to links to the Site:

• All links must be text-only links;
• The link’s appearance, position or other characteristics must not damage or dilute the goodwill associated with the Company’s reputation or the Company’s trademarks;
• The link’s appearance, position or other characteristics must not imply that the Company sponsors, endorses or is associated with any other entity, product or service; and
• The link must display the Site on the full-screen and not within a frame.

We reserve the right to revoke our consent to any link to the Site at any time in which case the third party responsible for such link shall remove the link to our Site from the applicable Third Party Site.

If you access any Third Party Site or Linked Site (each a “Connected Site”), you do so entirely at your own risk.  Any links from or to Connected Sites are provided solely as a convenience to you and not as an endorsement by the Company of the content, products or services on such websites.  Connected Sites are not under the control or authority of the Company.  We are not responsible for the availability of Connected Sites.  The Company is not responsible for the content of Connected Sites and does not investigate, review, approve or monitor such websites.  The Company does not make any representations or accept any responsibility regarding the products, services, content, legality, advertising or accuracy of information provided on Connected Sites or provided on our Site by the owners, users or operators of such websites or by any person or entity providing a link to or from such a website.  The Company shall not be liable, directly or

indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use, or attempted use, of any of the links, content, goods or services available on or through a Connected Site.  Statements made on Connected Sites reflect only the views of their authors and not those of the Company.  The Company does not monitor the privacy practices of Connected Sites.  The Company assumes no responsibility for the privacy and data collection policies, procedures and activities of such Connected Sites.

RIGHTS RELATING TO CONTENT ON THE WEBSITE:  

All content included on the Site, including content within the Site and controlling the Site, such as text, graphics, button icons, images, and software (including but not limited to HTML code) (“Material”), is the exclusive property of the Company or others and protected by law.  All rights under law, including U.S. and international copyright laws and treaties, are reserved except as expressly set forth herein. The Company authorizes you to view, print and download the Material of the Site only for your individual personal use as a customer of the Company or user of the Site provided that you retain all copyright and other proprietary notices contained in the original Material on any copies of the Material. Material may not be modified in any way or reproduced or publicly displayed, performed, or distributed or otherwise used for any public or commercial purpose.  For purposes of these Terms and Conditions, any use of the Material on any other website or networked computer environment for any purpose is prohibited. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited unless prior written consent is obtained from the respective copyright holder(s).  Unauthorized reproduction or distribution of these materials or any portion of them may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law. 

The trademarks, service marks, slogans and logos (“Trademarks”) used and displayed on the Site, including content within the Site, are registered and unregistered Trademarks of the Company and others.  Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner.  Trademarks may not be modified in any way or reproduced (electronically or any other means), reprinted, publicly displayed, distributed or otherwise used for any public or commercial purpose.

ADDITIONAL NOTICES AND DISCLAIMERS

1. ANY GOODS OR SERVICES PROVIDED THROUGH THE SITE AND THE INFORMATION CONTAINED ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS.  THE COMPANY MAKES NO, AND HEREBY DISCLAIMS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF TITLE, WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE OPERATION OF THE SITE OR THE NATURE, RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SERVICES OR INFORMATION CONTAINED ON THE SITE OR AS TO ANY OTHER MATTER.  
2. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ARISING FROM ANY ALLEGED TORTIOUS ACT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OF THE COMPANY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO ECONOMIC LOSS, INJURY, ILLNESS OR DEATH.  
3. THE COMPANY MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF TITLE, WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE, AS TO CONNECTED SITES OR THE NATURE, RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF ANY GOODS, SERVICES OR INFORMATION ON CONNECTED SITES OR AS TO ANY OTHER MATTER.  THE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM CONNECTED SITES OR ARISING FROM ANY ALLEGED TORTIUOUS ACT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OF ANY CONNECTED SITE OR ANY OWNER OR OPERATOR OF A CONNECTED SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO ECONOMIC LOSS, INJURY, ILLNESS OR DEATH.
4. The content of the Site, such as text, graphics, images, and other material contained on the Site, is general in nature and is provided for informational purposes.  It is not intended to provide medical or health care advice (including without limitation issues relating to drugs, medications and other preparations), diagnosis or treatment, and it is not provided in the course of a professional relationship between a health care provider and a patient.  The Company does not practice medicine or provide any health care service of any nature or description.  You may not rely on the Company or the content of the Site for medical advice, diagnosis or treatment, pharmaceutical advice or any professional service or advice requiring licensure, registration or certification in any state. You should not substitute information contained on this Site for a consultation with your physician, your pharmacist or other qualified health care professional. The Company recommends consulting with a qualified health care professional promptly and on a regular basis with respect to any matter or question relating to physical or mental health especially concerning symptoms that may require diagnosis or medical attention.  Any diagnosis or treatment decisions made by you must be made in consultation with your health care professional.  YOU SHOULD NEVER DISREGARD MEDICAL OR HEALTH CARE ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.  If you believe that you are experiencing a medical emergency, dial 911.  The Company does not make any representations or warranties concerning any treatment, action or application of medication, drugs or preparation by any person following the information provided on or through the Site, including, any service or product provided by a Participating Health Care Provider.  THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES THAT MAY RESULT FROM FOLLOWING THE INFORMATION PROVIDED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO ECONOMIC LOSS, INJURY, ILLNESS OR DEATH.
5. The Company disclaims any warranty that the Site will be available at all times or will operate without interruption or error. 
6. The Company cannot and does not guarantee that data available for downloading from the Site will be free of infection by viruses, worms, Trojan Horses, or other code that manifest contaminating, damaging or destructive properties.
7. The Site is controlled and operated by the Company from its offices within the United States.  Although the information on the Site is accessible outside of the United States, not all content or Services on the Site are available or appropriate for all persons or in all geographic locations or jurisdictions.  The Company makes no representation that the contents or Services of the Site are appropriate or available for use in other locations outside the United States. The Company reserves the right to limit the provision of content or Services to any person, geographic area, or jurisdiction if it so desires and to limit the quantities of content or Services that it provides.  Access to the Site is prohibited in countries, territories and locations outside the United States where the content or Services of the Site are illegal or unauthorized.  Any Service provided on the Site is void where prohibited.    
8. The material available through the Site may contain inaccuracies or typographical errors.  The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the material available through the Site. The use of the Site and the material available through the Site, is at your own risk. Changes are periodically made to the Site and may be made at any time without notice.
9. Information, text, graphics, software, and other content on the Site reside on computer(s) operated by or on behalf of the Company.  By accessing the Site, you consent to allowing the Company to monitor your access.  See the Company’s Privacy Policy for information about the use of information collected through such monitoring.  
10. Although the Company takes reasonable precautions designed to protect the confidentiality and privacy of information we collect from you, we cannot absolutely guarantee the confidentiality and privacy of your information.  Accordingly, the Company shall have no responsibility if, despite the Company’s reasonable efforts to protect the confidentiality and privacy of your information, an unauthorized individual accesses your information.  Nor shall the Company have any responsibility if an individual authorized to access your information (other than an employee or agent of the Company) uses or discloses the information in an unauthorized manner.  See the Company’s Privacy Policy for more details.

 

 

RELEASE:  

BY USING THE SITE, YOU RELEASE AND FOREVER DISCHARGE THE COMPANY AND ITS OWNERS, OPERATORS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATING TO USE OF THE SITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON (I) THE ALLEGED NEGLIGENCE OF THE COMPANY, IN OPERATING THE SITE OR OTHERWISE, (II) ANY ALLEGED OR ACTUAL NEGLIGENCE OF ANY PARTICIPATING HEALTH CARE PROVIDER, OR (III) ANY PARTICIPATING HEALTH CARE PROVIDER WHO HAS PROVIDED OR FAILED TO PROVIDE ANY PRODUCT OR SERVICES.

INDEMNIFICATION:  

You agree to defend, indemnify and hold harmless the Company, and its owners, operators, managers, officers, employees, contractors, agents, affiliates, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including without limitation attorneys’ fees, that are caused by, or result or arise from, any breach of these Terms and Conditions by you or the use of the Site by you or any other person using the Site under your password or account credentials regardless of whether you gave such person permission to do so.

GOVERNING LAW, JURISDICTION AND WAIVER OF RIGHT TO JURY TRIAL:

You acknowledge and agree that any controversy or claim relating to and use of the Site and the Materials contained on the Site is or are likely to involve complicated and difficult issues and, therefore, (i) you irrevocably and unconditionally waive any right yYou may have to a trial by jury in respect of any legal action arising out of or relating to the Site and the Materials, and (ii) You agree that any and all disputes involving the Site and the Materials provided on the Site shall be dealt with via arbitration.   Arbitration will be held at a location selected by NexStep Health in Bergen County, New Jersey and arbitration will be the exclusive forum for resolving such dispute, controversy or claim. The arbitration will be heard by one (1) arbitrator who must be disinterested, and preferably knowledgeable about the subject matter of the controversy or claim. The arbitrator will be appointed jointly by the parties thereto within thirty (30) days following the date on which the arbitration is instituted. If the parties thereto are unable to agree upon an

arbitrator within such thirty (30)-day period, the American Arbitration Association will select such arbitrator using its standard procedures.  The decision of the arbitrator will be final and binding upon the parties thereto and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The costs of the arbitrator will be shared evenly amongst the parties thereto.  If court proceedings to stay litigation or compel arbitration are necessary, the party which unsuccessfully opposes such proceedings will reimburse and pay all associated costs, expenses and attorneys’ fees that are reasonably incurred by the other party. In no event will a demand for arbitration be made after the date when institution of a legal or equitable proceeding based on such a claim, dispute or other matter in question would be barred by the applicable statute of limitations.   All proceedings that take place under or in connection with this provision will be considered confidential information of both parties hereto and subject to appropriate confidentiality restrictions and/or protective orders.  Either party may apply to the arbitrator to seek injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved.

GENERAL CONTRACTUAL PROVISIONS:   

If any provision of these Terms and Conditions shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and Conditions and the other provisions shall remain in full force and effect.  The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  

The provisions of the Company’s Privacy Policy are incorporated herein by reference. 

The Company may, in its sole discretion, change, modify, add or remove any portion of these Terms and Conditions and the Company’s Privacy Policy at any time and without prior notice, and any changes will become effective and binding upon you after being posted to the Site unless we advise you otherwise.

protect the confidentiality and privacy of your information, an unauthorized individual accesses your information.  Nor shall the Company have any responsibility if an individual authorized to access your information (other than an employee or agent of the Company) uses or discloses the information in an unauthorized manner.  See the Company’s Privacy Policy for more details.