Terms of use

Introduction

This website, located at www.Fancymeds.com and any mobile application or platform connected or associated with this website, and any information stored therein as well as any products and services offered through any of the foregoing (collectively, “Website”), are owned and operated by Fancymeds, LLC (the “Company”, “we”, “us,” or “our”). The Website provides information, education, and other services and products to a user of the Website (“you” or “Customer”). If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms, before you use our Website or provide any information to us; in such case, “you” or “Customer” includes (i) the parent or legal guardian who provides consent to the use of the Website by such minor or uses our service and products on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the services or products are being utilized. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

Acceptance

This Terms of Use document (“Terms of Use” or “Agreement”) is a legal agreement between you and the Company. It states the terms and conditions under which you may access and use the Website and all written and other information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via the Website (collectively, the “Website Content”). Your access to and continued use of the Website constitutes your agreement to be bound by these Terms of Use. If you do not accept these terms and conditions, or if you are under the age of thirteen (13), you must not access or use the Website. Please see the “Eligibility” Section of this Agreement for more information regarding the use of the Website by minors and applicable limitations on such use. Notwithstanding the foregoing, the Website is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using all or any part of the Website or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Website or this Agreement. Please contact us at [email protected] if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Website without your consent.

When you visit this Website and/or send phone messages, text messages, and/or emails to us, you are communicating with us electronically. As such, you consent to receive communications from us electronically. The Company will communicate with you by telephone, text, email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

The Company may revise or update the Terms of Use at any time without advance notice by posting here. Any changes to this Agreement are effective upon posting to the Website. In any event, use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review these Terms of Use. If you do not agree to be bound by all of these terms and conditions, do not use this Website or any service provided by the Company. Your access to and use of the Website is subject to this Agreement, as well as all applicable laws and regulations.

Your Relationship with Us

We make available to customers certain products and services sold or offered by Fancymeds or by third-party medical providers, pharmacies, or other vendors via our Website.

We provide prescription fulfillment services via pharmacies including Red Rock Pharmacy and EHT Pharmacy LLC dba Curexa (the “Pharmacies”). We may also provide you with access to a network of independent third-party providers and/or medical groups (the “Providers”) including MD Integrations. These providers offer certain independent medical services. By accepting these Terms of Use, you acknowledge and agree that any services or products received from the aforementioned individuals and/or groups are also bound by this Agreement and that they are third-party beneficiaries of this Agreement. We do not control or interfere with the practice of medicine by the Providers, each of whom is solely responsible for directing the medical care and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Fancymeds is not a healthcare provider and that by using the Website, you are not entering into a doctor-patient or other health care provider-patient relationship with Fancymeds. By using the Website, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Providers. Further, we do not control or interfere with any professional service provided by the Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Website.

By accepting this Agreement, you acknowledge and agree that the Providers may send you messages, reports, and emails via the Website regarding your diagnosis and/or treatment. You understand and agree that Fancymeds is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Website. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Fancymeds nor the Providers will be responsible in any way and you will not hold Fancymeds, the Providers liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Providers.

Notice Regarding Your Financial Responsibility for Services

Fancymeds and the Providers are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care services or supplies and, as such, neither you nor Fancymeds nor the Providers may receive payment from such programs for the services or products provided to you by Fancymeds or the Providers. Further, to the extent that any of the Pharmacies or Providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Website typically precludes such services and products from being covered benefits under these programs. By choosing to use the Website, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.

By agreeing to use the Website, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Website, and (2) neither you nor Fancymeds, the the Pharmacies, or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Website.

Subscription Products and Services

All services available for purchase through Fancymeds are offered on an automatically renewing subscription basis. Your payment method will be charged automatically at regular intervals as described for that service during the checkout process until you cancel your subscription plan (the “Charges”).

You may cancel a future subscription at any time before your payment is processed via our Website or by emailing [email protected] directly requesting a cancellation. Cancellation will take effect at the end of the current subscription period. Our Weight Management services require an initial minimum subscription of 3 months. Our Skincare services do not require an initial minimum subscription.

Your subscription will automatically renew for another subscription period unless you cancel prior to your payment method being charged. If your payment method has been charged for a Weight Management renewal, but you would like to cancel your upcoming order, a $99 administrative cancellation fee will be applied. This fee is deducted from any refund due for the renewed subscription.

We do not offer refunds for partially used subscription periods, although we may provide refunds on a case-by-case basis in our sole and absolute discretion. We may also offer you the ability to pause your skincare subscription for a specified period of time.

We and/or the Providers may, but are not required to, perform outreach to you from time to time via the Website to request updates to your information and to facilitate ongoing subscriptions.

Payment Default Policy

We recognize that unforeseen circumstances can occasionally lead to missed payments. If any payment is not received from the customer by any due date, the customer shall be considered delinquent. In the event of a customer’s delinquency, Fancymeds will send a first email notification (“Notice of Delinquency”) requesting that all unpaid amounts be actually received within 10 calendar days from the date of Notice of Delinquency. We will then send additional notifications, as outlined below. Default shall occur when consideration or performance due under this Agreement is not received or performed by the 10th day calendar after Notice of Delinquency was sent.

In the event of a missed payment:

1. Notifications: Customers will receive an email Notice of Delinquency detailing the missed payment and providing steps to update their payment method. Our system will make up to 8 payment collection attempts every 2 days, each time accompanied by a notification. Customers will also receive a final warning email at the end of the 30 day grace period (defined below) prior to their account being handed over to a collection agency.
2. Grace Period: Customers will have a grace period of 30 days from the date of Notice of Delinquency to make their account current.
3. Communication: We are receptive to individual circumstances and advocate for open dialogue during this grace period. If a customer encounters genuine challenges leading to the default, they should contact our Customer Support team to discuss potential alternative payment solutions.
4. Interest: In the event of a payment default, we reserve the right to charge interest on all outstanding amounts. The interest rate will be up to 7% per annum, calculated on a daily basis from the due date until full payment is received. This interest will be compounded monthly and will accrue on both the outstanding principal and any accumulated interest.
5. Collection Agency: If a customer account remains unsettled post the 30-day grace period and no mutual agreement is in place regarding the outstanding balance, the account will be handed over to a collection agency. In addition to the balance owed, additional costs that result from the debt collection efforts and which constitute 33-50% of the balance will be the customer’s responsibility and will be added to the defaulted amount, to the extent permitted by applicable law.

Bundling Billing

In order to simplify your experience through the Website, you will only see and be required to pay a single “total” subscription price, which may be billed monthly. However, if a subscription product you purchase required a consultation with a Provider, includes a prescription product that you fill through one of the Pharmacies, then the total price you pay includes the amounts charged for use of the Website, as well as amounts charged by the Pharmacy for the prescription drug and the amount charged for the services of the Provider, as applicable, which amounts are collected on behalf of and paid to the Pharmacies and Providers, respectively.

Prescription Products

Certain products available through the Website require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through one of the Pharmacies by using the Website (or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Website or emailing [email protected]. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.

Some prescriptions are not available through the Pharmacies or must be filled by a local pharmacy of your choice as prompted during your use of the Website.

If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product is shipped to you by the applicable Pharmacy and the costs associated with the prescription are included in the total charged to you by the Website as described in the “Subscription Products and Services” section above. If you fill a prescription with a pharmacy other than the Pharmacies, the Website will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.

Prescription products available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.

Consent to Use of Telehealth Services

Telehealth involves the delivery of health and mental health care services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health and mental health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. In order to use the Website, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you via the Website. You agree that Fancymeds is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.

Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Website) to enable use of the Website, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Website. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Website. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Website at any time without prior notice.

Protected Health Information

When you set up an account with Fancymeds, you are creating a direct customer relationship with Fancymeds that enables you to access and/or utilize the various functions of the Website as a user. As part of that relationship, you provide information to Fancymeds, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

However, in using certain components of the Website, you may also provide certain medical information that may be protected under applicable laws. Fancymeds is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Pharmacies or Providers may or may not be a “covered entity” or “business associate” under HIPAA, and Fancymeds may in some cases be a “business associate” of a Pharmacy or Provider. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Fancymeds, the Providers, or the Pharmacies. To the extent Fancymeds is deemed a “business associate” however, and solely in its role as a business associate, Fancymeds, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Pharmacies or Providers (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

The Providers have adopted a Telehealth Consent that describes how they use and disclose Protected Information. By accessing or using any part of the Website, you are acknowledging receipt of the Notice of Privacy Practices.

By using the Website, you are agreeing that even if HIPAA does apply to Fancymeds, the Providers, or the Pharmacies, any information that you submit to Fancymeds that is not intended and used solely for the provision of diagnosis and treatment by the Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Terms of Sale

All products offered for sale by Fancymeds are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Website. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

Only valid payment methods acceptable to us may be used to complete a purchase via the Website. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.

If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the Website, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Fancymeds without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies, buyers on the Website, sellers on the Website) for the purpose of facilitating the transaction.

All credit card, debit card and other monetary transactions on or through the Website occur through an online payment processing application(s) accessible through the Website. This online payment processing application(s) is provided by Fancymeds’s third-party online payment processing vendor, Metrics Global (“Metrics Global”). Additional information about Metrics Global, its privacy policy and its information security measures (collectively, the “Metrics Global”) should be available on the Metrics Global website located at https://metricsglobal.com/privacy-policy/ or by contacting Metrics Global directly. Reference is made to the Metrics Global Policies for informational purposes only and are in no way incorporated into or made a part of this Agreement. Fancymeds’s relationship with Metrics Global, if any, is merely contractual in nature, as Metrics Global is nothing more than a third-party vendor to Fancymeds and is in no way subject to Fancymeds’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Website, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

We reserve the right to remedy Customer issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each Customer.

Eligibility

Our Website is currently only available to individuals who are located in states in which we offer the Website, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement; provided, however, that individuals who are located in the states in which we offer the Website and are between the ages of 13 and 18 may use the Website for the sole purpose of obtaining topical skincare products (to the extent available through the Website) if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Website. By visiting, accessing, registering with or using the Website, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, or (2) at least thirteen (13) years of age, have obtained consent from your parent or legal guardian to use the Website, and will use the Website for the sole purpose of obtaining topical skincare products (with a medical consultation as required by the Website), (b) if you are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Website by such minor, (c) representing and warranting to us that when you use the Website to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation, (d) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the service, and (e) agreeing that you will only use the Website for lawful purposes. Our Website is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

Certain products available through the Website are subject to additional age restrictions, and not all products or services are available to all ages.

In some cases, the Website may not be the most appropriate way for you to provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Website. In such a case, you may receive notification that you will be unable to use the Website for the particular issue you submitted with additional information regarding next steps.

You represent and warrant that you possess the legal right and ability to enter into agreements including this Terms of Use. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. In addition, to use the Website Content, you agree to comply with this Terms of Use and our Privacy Policy. The Company may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement.

Customer Privacy

By using the Website, you are entering into a direct customer relationship with Fancymeds to use the Website, including the purchase of any non-prescription products or non-medical services sold directly to you by Fancymeds via the Website. In connection with such a relationship, you may provide to us, or cause to be provided to us on your behalf, Personal Information, including health information. The Company understands the importance of maintaining the privacy of your Personal Information. Please review the Company’s Privacy Policy carefully. This describes how the Personal Information about you may be used and disclosed.

Code of Conduct

You agree not to use the Website Content or any service the Company provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of this Agreement. This includes but is not limited to the following. You will not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any Company representative; engage in unauthorized use of a credit card; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise; use any of our tools and services in any manner that could damage, disable or impair our services or networks; attempt to gain unauthorized access to any user or Customer Accounts, or computer systems or networks, through hacking, password mining or any other means; use any robot, scraper or other automated or manual means to access any aspect of our website or equipment for any purpose; harvest or otherwise collect information about others, including names, addresses, or e-mail addresses; modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so. In the event of any violation of the foregoing terms and conditions, Fancymeds reserves the right to pursue any and all lawful actions it may deem appropriate. This includes, but is not limited to, termination of a Customer’s access and/or account. Fancymeds may cooperate with legal authorities and/or third parties in any investigations related to such violations to ensure full compliance with applicable laws. Unless stated otherwise in the Privacy Policy or prohibited by applicable law, Fancymeds reserves the right to share any information when it believes it's essential to comply with any relevant law, regulation, legal process, or governmental request. Furthermore, Fancymeds, at its sole discretion, may choose to modify, decline to publish, or delete any information or materials, either in their entirety or in part.

Customer Account

You are not obligated to register with us in order to access and use the Website. However, certain services of the Website are available only to users who have registered with us or certain other persons affiliated with us, who have been granted accounts (“Customer Accounts”) with usernames and passwords. You represent and warrant that all required registration information you submit regarding your Customer Account is truthful and accurate, and that you will maintain the accuracy of such information (including email). Company may suspend or terminate your Customer Account in accordance with these Terms of Use.

You are responsible for maintaining the confidentiality of your Customer Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Customer Account or any other breach of security by emailing [email protected]. It is your responsibility to logout from your account when you are not actively using it, to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password. You may not use anyone else’s account at any time. Company is not liable for any loss or damage arising from your failure to comply with the above requirements regarding your Customer Account.

Termination

Right to Termination: The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the Code of Conduct or this Agreement, including, without limitation, the suspension or termination of the Customer’s access and/or Customer Account, which may involve deletion of any content you have uploaded in connection with your Customer Account. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Customer Account or deletion of any content you uploaded to the Website.

The Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, the Company reserves the right at all times to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion. Further, the Company reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate Customers’ access or Customer Accounts. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part or service thereof.

Right to Remedies: You agree that any violation or threatened violation of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Right to Monitor: The Company neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, or other material created or accessible over or through this Website. However, the Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Company’s sole discretion, may be illegal, may subject the Company to liability, may violate these Terms of Use, or are, in the sole discretion of the Company, inconsistent with the Company’s purposes for this Website.

Testimonials and Endorsements: Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor do we claim that a significant number of consumers may obtain similar results. Results experienced by any one individual who has written a testimonial or endorsement, is not necessarily what any given consumer should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.

No Guarantee or Warranty: We expressly disclaim and all liability concerning any treatment or action by any person following the information offered or provided within or through the Website or through us or through anyone using the Website or trained by us. We are not liable for any unfair business practices by third parties.

We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completely, or adequacy of the Website Content. The Website is provided on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. If you are dissatisfied or harmed by anything relating to the Website, you may leave the Website and this will be your sole and exclusive remedy. We (and our suppliers) make no warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties regarding the Website, we limit all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.

We do not guarantee that any person’s use of the Website is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Website do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.

No Legal Claims, Warranties or Advice: The Website neither offers nor constitutes legal advice or counsel. The Company makes no claims, guarantees, or warranties with respect to rights or obligations any individual may have with respect to federal or state or other laws or regulations. We do not provide any legal representation or certification that any given individual has any given right or obligation under relevant laws. We cannot guarantee that private individuals or governmental entities will agree with any position that any user of this Website may take. There is no guarantee that any third party will accord the user any right or courtesy. Please also see Limitation of Liability, below.

Limitation of Liability

We are not liable to you or any third party for any damages (including, without limitation, direct, indirect, incidental, special, consequential, exemplary, incidental, special, or punitive damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not we have been advised of the possibility of such damages)) or damages arising from or relating to these Terms of Use or use or inability to use the Website (including damages resulting from lost data or business interruption), even if we have been advised of the possibility of such damages, whether resulting from: (i) the use of or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, (ii) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this Website, (iii) personal injury or death caused by your use or misuse of the Website, (iv) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website, (v) unauthorized access to or alteration of your transmissions or data, (vi) statements or conduct of any third party on our website, (vii) any lost profits of Customers for spending any time on the Website or any articles or comments posted on the Website or, (viii) any other matter relating to the Website. You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Website. Your access to, and use of, the Website is at your own risk and you are solely responsible for any damage to your computer, device, system, or data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from us through the Website or through any other website or source; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.

Assumption of Risks; Indemnification

You understand, acknowledge, and freely assume all risks, including physical and mental health risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website and Website Content, or relating to any activity, information, or service, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website or Website Content or use therein.

By viewing the Website you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, Company from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the information presented on the Website; (b) your violation of these Terms of Use or of applicable laws or regulations; or (c) any content you uploaded to the Website. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Company’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Company website, property, product, program, other content or any and all activities or actions related thereto. By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.

In accordance with such waiver, if you are a California resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “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.”

Account Hold

If Company believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Company will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. Company will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.

Intellectual Property

Copyright: Except as otherwise expressly stated, all Website Content is the copyrighted work of the Company or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Website Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or Website Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third-party suppliers. The use of Website Content by you is prohibited unless specifically permitted by the Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Company’s sole discretion). The Company reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with this Company Website or this Terms of Use. Any unauthorized use terminates the permission or license granted to you by the Company to use the Website.

The Company does not warrant or represent that your use of Website Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Website Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Website Content. The Company is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless the Company from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

If you believe that any Website Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at [email protected] with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you will be asked to provide the Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We have a policy of terminating the Customer Accounts of Customers who (in our reasonable discretion) are violators of infringement. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Trademarks and Service Marks: Certain trademarks on the Website are the service marks and trademarks of the Company, the Practitioners, or other licensees of the Company. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company.

Ownership of information submitted via this Website: While Personal Information (as defined in our Privacy Policy) which you submit will be maintained in accordance with our Privacy Policy, any information you transmit to the Company via this Website, whether by direct entry, submission, e-mail or otherwise, including text messaging (each and collectively, “Transmitted Information”), will be treated as non-confidential and non-proprietary to you and will become the sole property of the Company. In addition, as Company property, to the extent allowed by law such information may be used by Company for any purpose, including, without limitation, reproduction, solicitations, disclosure, publication, and posting (“Outbound Communications”); however, Company will make every effort to de-identify any information relating to your health or health concerns, including, by not disclosing your name or email with regard to any such Outbound Communications. If you wish to create additional safeguards to protect your Transmitted Information, then do not disclose your name or any identifying information when you correspond with us or our agents and consultants, as the case may be, via the Website. Company shall be free to use any ideas, concepts, or techniques contained in any communication you send to the Company via this Website or by any other means (including Transmitted Information) for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Because Company owns the Transmitted Information, Company has no obligation to Customer or any third party to provide a record of Transmitted Information to either party upon request. Company is not responsible for any information or content submitted by other users; you agree that any interaction between you and other users of the Website are solely between and that Company is not responsible for any loss, damage, or dispute between you.

Third-Party Goods and Services

No Statement as to Accuracy: The Company has no editorial control or responsibility over the content included in the Website provided by third-party content providers, including the Pharmacies and Providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or Customers on this Website are those of such third-party suppliers or Customers, respectively. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.

Links to Third Party Websites: This Website may contain hyperlinks to other sites owned and operated by parties other than the Company. Such hyperlinks are provided only for ready reference and ease of use. We do not control such sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other sites that are not owned, operated or maintained by the Company, you acknowledge and agree that the Company is not responsible for and is not liable for the content, products, or services on or available from such sites. We accept no liability for any information, products, promotions, advertisements, or services accessible through these third-party sites or for any action you may take as a result of linking to any such website. Your reliance on such information is solely at your own risk. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Company is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. The Company is not responsible for the privacy practices of any other websites.

Third-Party Goods and Services

Parties other than Fancymeds, including Pharmacies and Providers, provide services or sell products through the Website (collectively, “Third-Parties”), and Fancymeds may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Website and disclosing personal information.

You agree that Fancymeds shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Website, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other Customer or any other entity or individual, you understand and agree that Fancymeds is under no obligation to become involved in such dispute, and you hereby release and indemnify Fancymeds, and their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Fancymeds Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Website or the features and services therein. \

Certain of Fancymeds’s shareholders, directors, officers, employees, contractors or agents (collectively, “Fancymeds Owners and Personnel”) may have a financial interest in one or more Third-Parties and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.

Miscellaneous Terms

CAN-SPAM ACT Compliance: We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at [email protected] . You can click to unsubscribe or opt-out of email communications from Company at any time. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from the Company while remaining a registered user or Customer, you will become ineligible for receipt of and use of our services.

Export: You agree that our services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Entire Agreement: This Terms of Use constitutes the sole Agreement between you and the Company relating to your use of the Website Content, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or the Company.

Severability: We both agree that if we cannot enforce a part of these Terms of Use as written due to a conflict with state or federal law, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions.

No Assignment: You may not assign, transfer or delegate your rights or obligations within these Terms of Use in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Use, and any rights and duties hereunder or there under. These Terms of Use shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees of the parties.

No Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by the Company of any right under this Terms of Use Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Jurisdiction: The Terms of Use are governed by and construed in accordance with the laws of the State of California, USA and controlling United States Federal Law without regard to any conflicts of law provisions.

Arbitration: Subject to the provisions of this Terms of Use, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration that will be conducted in Palo Alto, California as provided below. This agreement contains an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination, and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the American Arbitration Association (“AAA”). In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send notice to the Company to [email protected] . Any dispute must be initiated with an AAA arbitrator in Palo Alto, California, within one year of occurrence or to the maximum extent permitted by law. Any dispute that arises may only be resolved through an individual arbitration, and shall not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. You agree that there is no right to a jury trial, and this provision will be governed both substantively and procedurally by the AAA to the maximum extent permitted by law. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another. Both parties must keep the dispute confidential, to the maximum extent permitted by law. As in the rest of this Terms of Use, if one part of this arbitration agreement is found to be invalid, the invalid provision shall be severed from the rest of this arbitration clause and agreement and the rest of this clause and agreement shall be valid.

General: The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Company. Company’s waiver of any right shall not constitute a waiver of that or any other right in the future.

Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.

No Agency Relationship

Neither this Agreement, nor any Content, materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between you and Fancymeds, the Providers, or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Fancymeds may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Fancymeds or to a third party in the event that some or all of the business of Fancymeds is transferred to such other third party by way of merger, sale of its assets or otherwise.

Contacting Us

If you have any questions or concerns about this Agreement, please contact us by email at [email protected]. We will attempt to respond to your questions or concerns promptly after we receive them.