These Terms of Service (“Terms”) govern your access to and use of the Winona, Inc. (“Winona”) website, located at (the “Website”) and the Winona mobile applications and services that facilitate direct access to certain women’s health services provided by physicians who are contracted with or employed by affiliated physician practices (the “Physician(s)”), for the ordering of certain prescription medications and other products from Winona’s affiliated pharmacies and pharmacy partners, and for the payment of these services (collectively, the “Services”). Please note that supplemental terms applicable to Physicians may be found in Section 13 of these Terms. You agree that by visiting the Website, or by registering or using the Services, you, the individual (“you” or “your”) are entering into a legally binding agreement with Winona, Inc., located at 1501 Barton Springs Road, Austin, Texas 78704 based on these Terms as well as Winona’s Privacy Policy and Winona’s Informed Consent, each of which are hereby incorporated by reference in these Terms (collectively, the “Agreement”). Your access to and your use of the Services are conditioned on your acceptance of and compliance with the terms of this Agreement. By accessing or using the Services, you agree to be bound by the Agreement.

Section 1: Basic Terms

Winona acts as a technology platform to connect registered users of the Website with Physicians and pharmacies for medical consultations and dispensing of medications prescribed by the Physicians. Winona is not a health care provider or pharmacy and does not offer or provide any medical advice, treatment recommendations, or pharmacy services. You acknowledge that you are not entering into a physician-patient relationship with Winona, and that Winona is not liable for any advice, medical care, or treatment you receive by the Physicians or pharmacies affiliated with Winona (“Pharmacies”) or for any consequences, injury or harm that may result therefrom. 

Physicians employed or under contract with Winona Medical of California, P.C. (the “Medical Practice”) provide specific medical consultations through the Website. Winona does not own the Medical Practice, nor does Winona control the practice of medicine by the Medical Practice or its Physicians. The content of the Website and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Winona.

You are responsible for verifying that any information you provide to Winona or a treating Physician is accurate and complete. Winona will not be liable for any damages or losses that occur as a result of untruthful, inaccurate or otherwise incomplete information. The Services are not a substitute for in-person treatment or advice of your primary care physician or other health care providers. The Website facilitates medical consultations limited to diagnosis and treatment of certain women’s health issues, and not for any other medical or health issue. If you are not feeling well, contact your primary care physician. The Website is not to be used for medical emergencies. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM.

Section 2: Eligibility to Use the Services

The Services currently are available only in the States of Arizona, California, Florida, Massachusetts, Texas and Pennsylvania. You must be located in Arizona, California, Florida, Massachusetts, Texas or Pennsylvania in order to use the Services.

You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Winona and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. The Services are not available to individuals under the age of eighteen (18). You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

The form and nature of the Services are always evolving, and may change from time to time without prior notice to you. In addition, Winona may decide to temporarily or permanently stop providing the Services, or any features within the Services, to you or to users generally, and may not be able to provide you with prior notice when doing so. Winona retains the right to create limits on use of the Services, and/or storage your information related to the Services, at our sole discretion at any time and without prior notice to you. 

The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change at any time and without prior notice to you. In consideration for Winona granting you access to and use of the Services, you agree that Winona, its partners, and any third party providers may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

Section 3: Registering for an Account

You must create a user account in order to use the Services. You may create such an account by registering through the Website and providing us with accurate and complete information as requested, including but not limited to completing an adaptive interview that asks about your health and medical conditions and symptoms (the “Registration”). 

You must update your Registration, as needed, in order to keep it accurate and complete.

Upon completion of your Registration, you may utilize the Website to consult with a Physician and, if medically indicated, to place your order for products. Some of the products available for purchase on the Website require a prescription, while others do not. We will assign you a Physician from the Medical Practice who is licensed to practice in the state where you are located to review your Registration, make a diagnosis, determine the medical appropriateness of any products you would like to order, and, if appropriate, issue you a prescription for such products as required. The issuance of any prescription is not guaranteed. You may request that we assign you to a different Physician. Your order for any products will not be accepted until a Physician provides you with a medical consultation, evaluates the clinical appropriateness of the desired product, and issues a prescription for the product you ordered, if a prescription is needed. The Physicians will not prescribe any medications that are DEA controlled substances. If, following a medical consultation, your Physician does not issue a prescription (but a prescription is otherwise required), Winona will decline your order, even if it was previously accepted, and will return your payment in the same method as it was accepted. If you prefer to fill your prescription at a different pharmacy, we will send the prescription to your selected pharmacy. In this instance, you will be responsible for picking up and paying for the prescription. Some of the products available on the Website might not require a prescription, in which case, you may purchase the products following your Registration without a medical consultation. Prescriptions filled by the Pharmacy will be shipped to you, and the associated shipping costs will be included in your Subscription Fee. We cannot accept returns of pharmaceutical products. Winona does not endorse any specific medications, pharmacies, or physicians.

Section 4: Payment for the Services

Some products available on the Website require that you purchase the product on a subscription basis for a monthly subscription fee that is automatically charged against the form of payment you provide to Winona (the “Subscription Fee”). The Subscription Fee covers the cost of Physician medical consultations, prescriptions filled by the Pharmacy, shipping and handling costs of products distributed by the Pharmacy, a Website platform fee, and sales or similar taxes that may be imposed on your payments. Certain, other products are available for purchase on the Website that do not require a prescription. These products may be purchased by registered users at the prices indicated on the Website and without a subscription. 

By entering your payment information and submitting your request, you authorize us and our third party payment processors to charge the amount(s) due. Any health care services or pharmacy services not made available through the Website are not included in the payments collected by Winona, and are separately chargeable by the Physicians and/or the Pharmacies, as applicable. Your Subscription Fee may be increased or decreased if your prescription changes, such as by a dosage increase or frequency of refills. You may cancel your subscription at any time by logging into your account page at Cancellation requests must be received two (2) full calendar days prior to your next shipping date. Cancellation requests received after that date will be processed before the following shipping date. 

Federal and state health care programs, such as Medicare and Medicaid, do not cover or pay for the Services, including your medical consultations and pharmacy products. Neither Winona, the Medical Practice, the Physicians, nor the Pharmacies, submit any claims for payments to third parties for Services provided to you. You acknowledge and agree that you are solely responsible for the cost of any services or products provided to you, that no claims for reimbursement will be submitted on your behalf, and that you will not submit a claim for reimbursement to any third party for the Services.

Section 5: Privacy

Any information that you provide to Winona is subject to our Privacy Policy, which governs the transfer of this information to or within the United States and/or to other countries for storage, processing and use by Winona. As part of providing the Services, we may need to provide you with certain communications, such as collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including announcements and administrative messages. These communications are considered part of the Services and your Winona account, which you may not be able to opt-out from receiving.

Section 6: Passwords

You are solely responsible for safeguarding the password or other credentials you use to access your Winona account and the Services. We encourage you to use “strong” passwords, commonly described as passwords that use a combination of upper and lower case letters, numbers, and symbols, with your account and with other accounts that you may connect to your Winona account. Winona cannot, and will not, be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your Winona account.

You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any word or combination of words that is offensive, vulgar, or obscene.

Section 7: Content Regarding the Services

Please be aware that, except as expressly provided or as otherwise required under applicable law, Winona does not verify the accuracy of any information made available on the Services by third parties. Information about prescription medications that may be purchased on the Website has been provided directly by our affiliated pharmacies and has not been reviewed or approved by Winona. Any use or reliance on any information you obtain through the Services is at your own risk. 

You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate. Under no circumstances will Winona be liable in any way for any content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere. 

You agree not to transmit any content on the Services that:

  • Is harassing, impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;

  • Is a direct and specific threat of violence to others;

  • Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;

  • Is furtherance of illegal activities; or

  • Is abusive or constitutes spam.

Section 8: Winona’s Rights

Subject to the terms of this Agreement, Winona grants you a limited and non-exclusive license (without the right to sublicense) to access and use the Services as provided herein. Winona is the sole and exclusive owner of the Website, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Website and any related materials and documentation. No title or ownership of the Website or any portion thereof is transferred to you hereunder. Winona reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website.

All rights, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Winona and its licensors. The Services and its content are protected by copyright, trademark, and other laws of the United States. Winona reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Winona, or the Services, are entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. Notwithstanding the foregoing, any content, such as postings, messages, or photos that you upload to the Website, including any content that you submit using the Services in connection with any medical consultation, belongs to you and you authorize Winona to use and disclose such content in connection with providing the Services.

Section 9: Restrictions on Use of the Services

Winona reserves the right, at all times, but will not have an obligation, to suspend and or terminate users or reclaim usernames without liability to you. Winona May, in its sole discretion, terminate your access to the Website and Services, or any portion thereof, for any reason whatsoever without prior notice. 

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Winona’s computer systems, or the technical delivery systems of Winona providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Winona (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Winona (NOTE: scraping the Services without the prior consent of Winona is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.

Section 10: Ending These Terms

These Terms will continue to apply until terminated by either you or Winona as follows:

You may end your Agreement with Winona at any time, for any reason, by deactivating your Winona account and discontinuing your use of the Services. In order to deactivate your account, please contact us at

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable; or (iv) our relationship with the affiliated Medical Practice or Pharmacy ends. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your Winona account.

In all such cases, these Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination, such as indemnification and limitations on liability. 

Nothing in this section shall affect Winona’s rights to change, limit, or stop the provision of the Services without prior notice, as provided above.

The Medical Practice will retain your medical records for a period of five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. Individual Physicians, or the Pharmacies, may retain your medical records for a longer or shorter period of time as required by law.

Section 11: Disclaimers, Limitation of Liability, and Indemnity

Please read this section carefully since it limits the liability of Winona and its stockholders, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Winona Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this Section 11 may not apply to you. Nothing in this Section 11 is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “As-Is”

Your access to and use of the Services is done at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE WINONA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Winona Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Winona users, including without limitation, any advice, recommendations, treatment plans or other information provided by the affiliated Physicians and Pharmacies; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information provided on the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Winona Entities or through the Services, will create any warranty not expressly made herein. TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE WINONA ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR OMISSIONS OF THE MEDICAL PRACTICE, PHYSICIANS, OR PHARMACIES IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE PROVISION OF MEDICAL SERVICES, CONSULTATION, OR TREATMENT BY PHYSICIANS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Some of Winona’s shareholders, directors, officers, contractors, or employees may have a financial interest in the Medical Practice, the Pharmacies, or any other third party supplier of goods or services, and may profit from your use of such entities and/or the sale of such goods and services to you. Dr. Michael Green, President of the Medical Practice, is Winona’s Chief Medical Officer and receives compensation from Winona, including but not limited to an equity interest in Winona, for the performance of his non-clinical services to Winona.   

B. Links

The Services may contain links to third party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by Winona or the Winona Entities regarding such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.

C. Limitation of Liability




D. Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless Winona and the Winona Entities, from and against any and all liabilities, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to: (i) any information, advice, treatment recommendations, or other content you transmit via the Services; (ii) your failure to comply with the Terms, including without limitation, your obligations and representations provided in Section 1; (iii) your interactions with any other Winona user; (iv) your use or disclosure of information, including without limitation, personal information or medical information you learned about on or through the Services; and (v) any activity in which you engage on or through the Services.

Section 12: Miscellaneous Terms

A. Waiver and Severability

The failure of Winona to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the state of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Winona related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. 

C. Entire Agreement

These Terms, our Privacy Policy, and your Informed Consent are the entire and exclusive agreement between Winona and you regarding the Services (excluding any service for which you have a separate agreement with Winona that is explicitly in addition or in place of these Terms). These Terms supersede and replace any prior agreements between Winona and you regarding the Services.

We may revise these Terms from time to time, and the most current version will always be at If we, in our sole discretion, determine that the revision is material, we will notify you via email to the email address associated with your account. If you do not wish to be bound by any such revisions to the Terms, your sole and exclusive remedy is to discontinue your use of the Website and the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

D. Assignment

These Terms are personal to you, and are not assignable, transferable, or sub-licensable by you except with Winona’s prior written consent. Winona may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Section 13: Supplemental Terms Applicable to Physicians

Certain supplemental terms apply to the Physicians who utilize the Winona platform. In the event of a conflict between the supplemental terms in this Section 13, and any other terms herein, these supplemental terms shall prevail. 

To be a Physician using the Website (for purposes of this Section 13, “you” or “your”) you must be a licensed physician contracted with or employed by the Medical Practice, and you must agree to comply with all medical and professional board laws, rules, regulations, and other guidance applicable to you as a Physician in the state(s) in which you provide the Services. Your relationship with Winona users (including, but not limited to, your Winona patients) is directly between you and these individuals. Winona users never will have a provider-patient relationship with Winona. Winona does not practice medicine and offers no medical services. As set forth more fully below, Physician is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Winona shall have no liability whatsoever to Physician with respect to any amounts owed by any patient or other consumer to Physician.

Winona does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Physician, goods, or services offered by Physician, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. 

Physician will use the Website and provide the Services only in accordance with applicable standards of good medical and professional practice. While software products such as the Website can facilitate and improve the quality of the services that Physician can offer to his/her patients, many factors, including but not limited to the provider-patient relationship, can affect a patient’s outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion an outcome may have been affected. Physician shall be solely responsible for his/her use of the Website and provision of the Services. 

As a result of the complexities and uncertainties inherent in the patient care process, Physician agrees to defend, indemnify, and hold Winona harmless from any claim by or on behalf of any patient of Physician, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Winona, regardless of the cause if such claim arises for any reason whatsoever, out of Physician’s use or operation of the Website and Services. To the extent applicable, Physician will obtain Winona’s prior written consent to any settlement or judgment in which Physician agrees to any finding of fault of Winona or defect in the Website or Services. Winona will promptly notify Physician in writing of any claim subject to this indemnification, promptly provide Physician with the information reasonably required for the defense of the same, and grant to Physician exclusive control over its defense and settlement.

Finally, as a Physician using the Services, you are expressly representing that: (i) you are fully licensed and otherwise qualified to provide the requested services; (ii) your provision of advice or other services is in accordance with all applicable federal and state laws, including without limitation, laws related to patient privacy or confidentiality such as HIPAA; (iii) you are fully responsible for the consequences of any advice or information you offer through providing the Services to the same extent as if you provided the advice or information directly to the client in person or in any other setting; and (iv) your provision of advice or information will be professional, competent and in line with the standards of care and best practices in your industry.

Code of Conduct

Winona is committed to providing a safe and professional environment for both our patients, medical professionals and support staff. As a patient, we expect you to abide by the following code of conduct:

  • Be honest and accurate when providing information about your health and medical history.

  • Respect the medical professional's time and expertise by responding promptly to any requests for information.

  • Treat the medical professional and support staff with respect and refrain from any form of abusive or inappropriate language or behavior.

  • Follow the medical professional's instructions and advice regarding your health and treatment plan.

  • Inform the medical professional immediately if you experience any adverse effects from medication or treatment.

  • Do not share your account or login information with anyone else.

  • Do not refuse to pay for sold goods or rendered services.

We reserve the right to refuse service to any patient who violates this code of conduct or engages in behavior that is deemed inappropriate or harmful to our medical professionals or staff.

Refund Policy

Cancellations that are made within 24 hours of order placement will receive a full refund. Once your order has been canceled, please allow 7 business days for the refund to be processed. Please note: You must cancel within 24 hours of placing your order, as we cannot cancel, return, or refund orders once they are shipped.

If you have any questions about these Terms, please contact us.

Effective: 11.24.2021.

Telehealth Registration Requirements


          Registration number: TPME1718

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