Effective date: Dec, 31, 2025
Last updated: Jan, 31, 2025
These Website Terms of Service (“Terms”) govern your access to and use of the website located at dawnbreakerhealth.com and any subdomains (the “Site”), which is operated by Dawnbreaker Health LLC (“Dawnbreaker Health,” “we,” “us,” or “our”).
By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1) Important Notices
Not emergency care
The Site is not for emergency use. If you have a medical emergency or are in immediate danger, call 911 or go to the nearest emergency department.
Not medical advice
Content on the Site (including articles, blog posts, handouts, FAQs, pricing examples, and general health information) is provided for general informational and educational purposes only. It is not medical advice and is not a substitute for evaluation by a qualified clinician.
No patient–provider relationship by website use alone
Using the Site, sending a message through a contact form, or booking a visit does not by itself create a clinician–patient relationship. A clinician–patient relationship is formed only if and when you complete required intake steps and a Dawnbreaker Health clinician accepts you as a patient under applicable law and clinical policies.
2) Who We Are (and Where We Practice)
Dawnbreaker Health is a “telehealth practice” operating in Oregon. Our clinicians are licensed in the jurisdictions listed on the Site or otherwise communicated to you during onboarding.
You may not be eligible for clinical services if you are located in a state where our clinicians are not licensed or where services are otherwise restricted.
3) Site Use Eligibility
You must be at least 18 years old to use the Site.
If you are using the Site on behalf of another person (for example, a dependent), you represent that you have the legal authority to do so.
4) Privacy and HIPAA
Your use of the Site is also subject to our Privacy Policy at: https://dawnbreakerhealth.com/privacy-policy/.
If we are a “covered entity” under HIPAA (or operate with HIPAA-covered partners), our handling of protected health information (“PHI”) is described in our Notice of Privacy Practices at: https://dawnbreakerhealth.com/notice-of-privacy-practices-hipaa/.
Important: Do not submit sensitive medical information through the Site’s general contact forms. General web forms and standard email may not be secure or monitored continuously. If you are an established patient, use the patient portal or the communication method we provide for clinical messaging.
5) Communications (Email, SMS, Phone)
By providing your email address or phone number, you consent to receive communications from us about:
- scheduling and appointment logistics,
- billing and payment issues,
- service announcements and administrative messages, and
- (if you opt in) marketing communications.
Message and data rates may apply. You can opt out of marketing messages as described in our Privacy Policy.
Clinical communications: If you are a patient, clinical communications may occur through a portal or other systems we designate. Standard SMS and email may be unencrypted.
6) Scheduling, Payments, and Third-Party Services
We may use third-party platforms to provide parts of the user experience, including but not limited to:
- appointment scheduling,
- payment processing (including redemption of eGift cards, prepaid credits, and promotional codes),
- patient portal / forms / messaging,
- video visits, and
- analytics and website hosting.
Your use of those third-party services is governed by their respective terms and privacy policies. We do not control third parties and are not responsible for their availability, security practices, or content.
Pricing: Prices displayed on the Site are for convenience and may change. Taxes, platform fees, medication costs, labs, imaging, outside referrals, and other third-party charges may apply and are typically not included unless explicitly stated.
7) eGift Cards, Promotions, and Discounts
From time to time, the Site may offer discounted eGift cards, prepaid credits, introductory pricing, or promotional discounts.
Offers and eligibility
- Eligibility requirements (including geographic availability, payer type, patient status, service type, and other conditions) may apply.
- Offers may not be combinable, may have usage limits, and may be changed or discontinued at any time, to the extent permitted by law.
- Offer details (including any limits, expiration terms, and how to redeem) will be described at checkout and/or in a separate policy document.
eGift cards and prepaid credits
- eGift cards and prepaid credits are prepaid stored-value credits that can be applied toward eligible Dawnbreaker Health services offered through the Site or our checkout links.
- Purchasing or using an eGift card or prepaid credit does not create recurring charges.
- eGift cards and prepaid credits generally cannot be applied to third-party charges (such as labs, imaging, pharmacy/medications, or outside referrals) unless explicitly stated at checkout.
- You are responsible for safeguarding any eGift card code. To the extent permitted by law, we may not be able to replace lost, stolen, or misused codes.
Fraud prevention and misuse
We may refuse, cancel, or limit any transaction (including eGift card purchases/redemptions or promotional discounts) if we reasonably believe it involves fraud, abuse, unauthorized activity, or attempts to circumvent eligibility rules or usage limits.
Refunds and cancellations
Our refund, cancellation, and billing correction practices (including eGift card terms) are described in our Payments, eGift Cards, and Pricing Policy:
https://dawnbreakerhealth.com/payments-egift-cards-and-pricing-policy/
8) Controlled Substances and Clinical Policies
We may publish clinical policies (including controlled substance policies) on the Site. Such policies are informational summaries and do not create obligations to provide treatment. Clinical decisions are individualized and made by licensed clinicians based on medical judgment, patient safety, and applicable law.
9) User Content and Submissions
If the Site allows you to submit content (e.g., contact form messages, reviews, comments, survey responses, uploaded files):
- You grant us a license to use that content to operate, improve, and provide services.
- You agree not to submit content that is unlawful, defamatory, harassing, threatening, obscene, fraudulent, or that violates privacy rights of others.
- You agree not to submit PHI in public areas (such as comments) and acknowledge that anything you post publicly may be visible to others.
We may remove submissions at any time for any reason.
10) Intellectual Property
The Site and its content (text, graphics, logos, design, articles, and other materials) are owned by Dawnbreaker Health or its licensors and are protected by intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes.
You may not copy, reproduce, distribute, publicly display, scrape, reverse engineer, or create derivative works from the Site or content without our prior written permission, except as permitted by law.
11) Acceptable Use
You agree not to:
- use the Site for any unlawful purpose;
- attempt to gain unauthorized access to the Site or systems;
- interfere with the Site’s operation or security;
- transmit malware or harmful code;
- harvest data (including emails/phone numbers) or scrape content without permission; or
- impersonate any person or misrepresent affiliation.
12) Medical and Results Disclaimers
Health information evolves. We do not guarantee that Site content is complete, current, or applicable to your situation.
Any outcomes or results described on the Site are not guaranteed. Individual results vary based on many factors.
References to medications or treatments may include discussion of risks, benefits, and alternatives, but you should not start, stop, or change treatment based on the Site without consulting a qualified clinician.
13) Links to Other Websites
The Site may contain links to third-party websites. Links are provided for convenience only. We do not endorse and are not responsible for third-party content, products, services, or practices.
14) Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
15) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DAWNBREAKER HEALTH OR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SITE SHALL NOT EXCEED THE GREATER OF: $100 OR THE AMOUNT YOU PAID US THROUGH THE SITE IN THE PRIOR 12 MONTHS.
16) Indemnification
You agree to indemnify and hold harmless Dawnbreaker Health and its affiliates and personnel from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of another.
17) Termination
We may suspend or terminate your access to the Site at any time for any reason, including if we believe you violated these Terms.
18) Changes to These Terms
We may update these Terms from time to time. The “Last updated” date indicates when changes were made. Your continued use of the Site after changes become effective means you accept the updated Terms.
19) Governing Law and Venue
These Terms are governed by the laws of the State of Oregon, without regard to conflict of law principles.
DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER; GOVERNING LAW
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND PROVIDES THAT MOST DISPUTES MUST BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT. IT ALSO CONTAINS A CLASS ACTION WAIVER.
19.1 Informal Resolution First
Before either of us starts arbitration or a court proceeding (except for matters listed in Section 19.4), you and Dawnbreaker Health agree to try to resolve the dispute informally.
(a) Notice of Dispute. The party raising a dispute must send a written notice (“Notice of Dispute”) describing (i) the name and contact information of the party giving notice, (ii) what happened, (iii) the relief requested, and (iv) any relevant order/receipt (including eGift card details, if applicable).
(b) Where to send. Notices of Dispute must be sent to:
By email: contact@DAWNBREAKERHEALTH.COM with subject line “Notice of Dispute”
(c) 30-day period. If we do not resolve the dispute within 30 days after a complete Notice of Dispute is received, either party may initiate arbitration or (if applicable) a court proceeding under Section 19.4.
19.2 Agreement to Arbitrate
Except for the matters listed in Section 19.4, you and Dawnbreaker Health agree that any dispute, claim, or controversy arising out of or relating to:
(a) these Terms;
(b) the Site and its content;
(c) your use of (or inability to use) the Site;
(d) any purchase (including eGift cards or prepaid credits), payment, or promotion offered through the Site; or
(e) communications between you and us related to the Site or such transactions
(each a “Dispute”) will be resolved by binding, individual arbitration.
This agreement to arbitrate applies to Disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and it applies to claims that arose before you accepted these Terms as well as after.
19.3 This Section 19 Covers Website/Transaction Disputes; Clinical Care May Be Separate
This arbitration clause is intended to cover disputes about the website and website-based transactions, scheduling fees, marketing, billing for website/offered plans).
It does NOT require arbitration of professional negligence/medical malpractice claims arising from clinical care unless you and Dawnbreaker Health separately sign a written agreement specifically covering those claims, where permitted by law.
Nothing in these Terms prevents you from filing a complaint with a state licensing board, regulator, or government agency.
19.4 What Is NOT Required to Be Arbitrated
Either party may choose to bring an individual claim in:
(a) small claims court (or the equivalent) in the county where you live, or in our principal place of business, so long as the claim stays in small claims court and is only an individual claim; and/or
(b) a court proceeding seeking a temporary restraining order, preliminary injunction, or other equitable relief to stop unauthorized access, misuse of the Site, or infringement/misappropriation of intellectual property or confidential information.
In addition, either party may go to court to compel arbitration, stay a court case pending arbitration, or confirm/modify/vacate an arbitration award.
19.5 Arbitration Administrator, Rules, and Location
(a) Administrator and rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures then in effect, unless you and we agree to a different administrator. If AAA is unavailable or declines to administer the arbitration, the parties will select JAMS; if neither AAA nor JAMS is available, a court will appoint an arbitrator consistent with applicable law.
(b) Arbitrator. A single, neutral arbitrator will decide the Dispute.
(c) Location / format. The arbitration will be conducted by video conference or telephone unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is necessary, it will take place in (i) the county where you reside, or (ii) MULTNOMAH COUNTY, OREGON, unless you and we agree otherwise.
19.6 Fees and Costs
(a) Consumer-friendly fees. If you are an individual consumer, you will only be required to pay the consumer filing fee required by the administrator’s consumer rules. Dawnbreaker Health will pay the remaining administrator fees and the arbitrator’s fees, except as the arbitrator may reallocate fees as permitted by applicable law (for example, in the case of frivolous or bad-faith claims).
(b) Attorneys’ fees. Each party is responsible for its own attorneys’ fees and costs unless a statute or contract provision allows the prevailing party to recover attorneys’ fees, in which case the arbitrator may award fees to the same extent a court could.
19.7 Arbitrator’s Authority and Decision
(a) The arbitrator has authority to resolve all Disputes, including disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except to the extent a court determination is required by applicable law.
(b) The arbitrator may award any relief that would be available in an individual lawsuit in court, including injunctive or declaratory relief, but only to the extent necessary to resolve the individual party’s claim.
(c) The arbitrator must follow applicable law. The arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions.
19.8 CLASS ACTION WAIVER (IMPORTANT)
YOU AND DAWNBREAKER HEALTH 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, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
Unless you and we expressly agree otherwise in writing, the arbitrator may not:
(a) consolidate more than one person’s claims;
(b) preside over any form of class, collective, private attorney general, or representative proceeding; or
(c) award relief to anyone except the individual party.
19.9 Severability
If any provision of this Section 19 is found unenforceable, that provision will be severed and the remainder will be enforced to the fullest extent permitted by law.
However, the Class Action Waiver in Section 19.8 is an essential part of this agreement. If a court determines that Section 19.8 is unenforceable with respect to a particular claim, then that claim (and only that claim) must be brought in court, not arbitration.
19.10 Opt-Out Right
You may opt out of this arbitration agreement within 30 days of the date you first accept these Terms by sending an email to contact@DAWNBREAKERHEALTH.COM with subject line “Arbitration Opt-Out.”
Your email must include: (a) your full name, (b) the email address and phone number you used with the Site (if any), (c) your current mailing address, and (d) a clear statement that you want to opt out of the arbitration agreement.
Opting out will not affect any other part of these Terms.
19.11 Governing Law
Except as provided below, these Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law rules.
This arbitration agreement (Section 19) is governed by the Federal Arbitration Act and, to the extent not inconsistent with the FAA, applicable Oregon arbitration law.
19.12 Venue for Non-Arbitrable Matters
To the extent a Dispute is permitted to proceed in court under Section 19.4 (or to enforce/confirm an arbitration award), the parties agree to personal jurisdiction and venue in the state or federal courts located in MULTNOMAH COUNTY, OREGON, unless another venue is required by applicable law.
20) Contact Information
Dawnbreaker Health
Phone: 503-664-7007
Email: contact@dawnbreakerhealth.com
