Effective Date: March 16, 2026
Last Updated: March 16, 2026
The Company (as defined below) provides non emergency healthcare services through telehealth, in person clinic visits (where available), mobile healthcare services delivered at your location, and related support tools. The Services are not designed for emergency or life threatening situations. If you believe you are experiencing a medical emergency, call 911 immediately or seek care at the nearest emergency department or urgent care facility. The Services may not be appropriate for all medical concerns or conditions.
BY SELECTING “I AGREE,” CHECKING A BOX TO INDICATE ACCEPTANCE, CREATING AN ACCOUNT, OR OTHERWISE USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICES.
If an individual accepts these Terms on behalf of another person, such individual represents that they have the authority to do so and to bind that person to this Agreement.
Unless you opt out in accordance with the procedures outlined below, you agree that most disputes between you and the Company, or between you and any affiliated providers using the platform, will be resolved through binding individual arbitration rather than in court. By agreeing to arbitration, you waive the right to a jury trial and the ability to participate in a class action or class wide arbitration. These Terms provide details regarding arbitration procedures, exceptions, and how to opt out where permitted.
Flare MD LLC, IV Texas LLC, and IV Alabama (a brand operated by Flare MD LLC) (collectively, the “Company,” “we,” “us,” or “our”) operate websites, digital platforms, applications, and services used to deliver and support healthcare related products and services (collectively, the “Platform”). IV Texas LLC is a separate legal entity under common ownership that provides mobile healthcare services in the Dallas/Fort Worth metropolitan area. IV Alabama operates mobile IV therapy services in the Huntsville, Alabama and Auburn, Alabama areas under the Flare MD brand. References to the “Company” throughout these Terms include all affiliated entities unless otherwise specified.
Your access to and use of the Platform, its content, and any services, products, or features made available through it (collectively, the “Services”) are governed by these Terms and Conditions.
Please review these Terms carefully, as they contain important information regarding your use of the Services. In these Terms, “you” refers to the individual accessing or using the Services. If the Services are used on behalf of another person, including a minor where permitted by law, “you” also refers to the parent, guardian, or authorized representative who provides consent and accepts these Terms on that person’s behalf.
The Services are not intended for individuals under the age of eighteen. Individuals under eighteen are prohibited from using the Services unless use is permitted by law with appropriate consent from a parent or legal guardian. If you believe a minor has used the Services without appropriate authorization, please contact us at [email protected].
Your access to and use of the Services are subject to this Agreement and all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Services other than to review the Terms themselves.
The Company may update or revise these Terms or the Services from time to time. Changes become effective once posted on the Platform unless otherwise stated. Continued use of the Services after updates are posted constitutes acceptance of the revised Terms. If you do not agree with any updates, you must discontinue use of the Services.
The Company provides access to certain healthcare related services, products, and technology tools for individuals who register as users of the Platform. Some services and products available through the Company are provided directly by us, while others are delivered by independent licensed medical providers, pharmacies, or third party vendors. In certain cases, the Platform facilitates prescription fulfillment and clinical services through partner organizations.
Prescription fulfillment services may be provided through the following partner pharmacies:
(collectively, the “Pharmacies”).
Healthcare services may be provided through the following affiliated medical groups or provider organizations:
Wasef Health, P.A.
5260 78th Ave N, PO Box 1697, Pinellas Park, FL 33780
Vitality Clinical Associates LLC
(collectively, the “Medical Groups”).
The Medical Groups may employ or contract with physicians, nurse practitioners, physician assistants, mental health professionals, or other licensed providers who deliver healthcare services through the Platform (the “Providers”).
By using the Services, you understand and agree that prescriptions issued by a licensed Provider may be transmitted to and filled by one or more of the Pharmacies. You authorize the Platform to coordinate prescription transmission and, where appropriate, transfer prescriptions between participating Pharmacies for continuity of care and service delivery.
The Company provides administrative and technology support that connects users with licensed Providers and Pharmacies. Licensed Providers are solely responsible for directing your medical care and treatment decisions. Pharmacies are solely responsible for dispensing medications and related professional services. The Company does not control or interfere with the independent clinical judgment of Providers or the professional services of Pharmacies.
By using the Services, you acknowledge that the Company itself is not acting as your healthcare provider and that use of the Platform does not, by itself, create a provider patient relationship with the Company. A provider patient relationship may be established between you and one or more of the Medical Groups and/or one or more Providers if you engage in clinical services through the Platform.
You consent to receive communications related to your care or account through electronic means such as secure messaging, email, phone, or audiovisual technology when appropriate. You understand that while the Company takes reasonable steps to support secure communications, you are responsible for monitoring communications sent to you and for following instructions or treatment recommendations provided by your Provider. You agree that the Company, the Medical Groups, the Providers, and the Pharmacies are not responsible for outcomes resulting from a failure to review or respond to communications or from failure to follow medical guidance.
Although a provider patient relationship may be formed with one or more of the Medical Groups or Providers, you also enter into a direct customer relationship with the Company for use of the Platform and for any non clinical products or services offered directly by us. In connection with this relationship, you may provide personal information, including health related information, which will be used in accordance with our Privacy Practices and applicable law.
Some Services available through the Company involve telehealth. Telehealth refers to the delivery of healthcare services through electronic communication or technology when the patient and Provider are not in the same physical location. Telehealth can improve access and convenience but may not be appropriate for all medical conditions or situations. Before receiving telehealth services, you may be required to review and accept a separate telehealth informed consent. By proceeding, you acknowledge the benefits and potential limitations of telehealth and agree to its use where appropriate.
Certain products or services offered through the Company may be available on a recurring subscription basis. For subscription services, your payment method may be charged automatically at the intervals disclosed during enrollment until you cancel. Renewal charges may occur shortly before the next scheduled shipment or service date in order to prevent interruptions, accommodate holidays, or support operational timing.
You may manage or cancel a subscription through your account or by contacting support at [email protected]. Unless otherwise stated, cancellations typically take effect at the end of the current billing period. If a subscription is not canceled prior to the renewal processing date, it may automatically renew for the next billing cycle. Refunds for partially used subscription periods are generally not provided unless required by law or granted at our discretion. In some cases, subscriptions may be paused for a defined period and will automatically resume unless canceled before the pause period ends.
Subscription pricing shown to you may reflect a combined total that includes platform access, provider services, pharmacy fulfillment, or related healthcare services where applicable. Portions of the total price may be collected on behalf of the Medical Groups, Providers, and Pharmacies involved in delivering services or prescriptions.
Once an initial order has been submitted for medical review by a licensed provider, the order cannot be canceled. This is because your information is immediately routed to a provider to evaluate medical eligibility and determine whether treatment is appropriate. After clinical review has begun, the order is considered in process and cannot be withdrawn, even if medication has not yet been dispensed. You may, however, manage or cancel future refills, renewals, or subscription shipments through your online account or by contacting our support team at [email protected].
By using the Services, you acknowledge and agree that due to the nature of healthcare services, prescription products, and related items available through the Company, applicable fees and charges are generally nonrefundable, in whole or in part, except where required by law. You are responsible for all charges applied to your account, including charges resulting from authorized use of your account. If you believe an unauthorized charge has occurred, you should notify us promptly.
Certain products available through the Platform require a valid prescription from a licensed healthcare provider. To obtain a prescription product, you must complete a consultation and provide requested health information so that a licensed Provider can determine whether the medication is clinically appropriate. Providers exercise independent professional judgment in making prescribing decisions and are solely responsible for those determinations.
If a Provider determines that a prescription is appropriate and you have provided the necessary informed consent, the prescription may be transmitted to a partner pharmacy for fulfillment. Unless you request that your prescription be sent to a specific pharmacy and that pharmacy is able to fulfill it, prescriptions may be directed to one of the following partner pharmacies: Smart Scripts, Hallandale Pharmacy, or Partel Pharmacy.
Prescriptions may be filled based on availability, geographic considerations, or operational factors. Packaging and dispensing practices are determined by the dispensing pharmacy. You are responsible for storing all medications safely and keeping them out of reach of children and others.
If you choose to have your prescription sent to a pharmacy outside of the partner network, you will be responsible for coordinating pickup or delivery and for paying that pharmacy directly. Prescription products obtained through the Platform are considered third party goods and services.
Services and products offered through the Company are generally provided on a self pay basis. The Company and affiliated provider groups may not participate in certain federal or state healthcare programs for the services offered through the Platform. As a result, services and products obtained through the Platform are typically not billed to or reimbursed by programs such as Medicare or Medicaid.
By choosing to use the Services, you acknowledge that you are electing to receive services on a self pay basis and that you are financially responsible for all associated costs. Neither you nor the Company nor affiliated providers or pharmacies will submit claims to federal or state healthcare programs for reimbursement for services obtained through the Platform unless explicitly stated otherwise.
The Services are available only to individuals located in states where the Company and its affiliated providers are authorized to operate. You must be at least eighteen years of age, or the age of majority in your jurisdiction if higher, to use the Services unless use by a minor is permitted with appropriate parental or guardian consent and in accordance with applicable law.
By accessing or using the Services, you represent that you meet applicable age and eligibility requirements, that any information you provide is accurate, and that you will use the Services in compliance with all applicable laws and regulations. You also represent that when participating in a telehealth consultation, you are physically located in the state reflected in your account and shipping information.
Certain services or products may be subject to additional eligibility or age restrictions. Not all services are available in all jurisdictions. Availability may change based on regulatory or operational requirements.
In some situations, the Services may not be appropriate for your condition. A provider may determine that in person evaluation, testing, or treatment is necessary. If so, you may be advised to seek in person care or alternative treatment options.
You are responsible for obtaining and maintaining, at your own expense and risk, the equipment and connectivity required to access and use the Platform. This may include a compatible computer or mobile device, camera, microphone, and reliable internet connection. You are solely responsible for any data, mobile, or internet service charges that may apply when using the Services.
You also agree to provide accurate, current, and complete information in all forms, questionnaires, and communications submitted through the Platform. Providing incomplete or inaccurate information may impact your ability to receive services. The Company may update or change technical requirements for accessing the Services at any time without prior notice.
The Company recognizes the importance of protecting your privacy and maintaining the confidentiality of personal information. Our Privacy Practices describe how we collect, use, store, and disclose personal information. By using the Services, you acknowledge that you have reviewed and understand our Privacy Practices, available at flaremd.com/privacy-practices.
When you create an account with the Company, you establish a direct customer relationship with us for use of the Platform and related services. As part of this relationship, you may provide personal information such as your name, email address, mailing address, and phone number. This type of information is used for account administration and service delivery and is generally not considered medical or health information.
When you use certain features of the Platform, you may also provide medical or health related information. Some of this information may be protected under federal or state privacy laws. The Company itself may not always be considered a covered entity under the Health Insurance Portability and Accountability Act (also known as HIPAA). However, affiliated medical groups, providers, or pharmacies that deliver care through the Platform may be covered entities or business associates under applicable law. In certain situations, the Company may act in a support role and may be considered a business associate to those entities.
Not all information you provide through the Platform is considered protected health information. Health information shared for purposes of treatment, diagnosis, or prescription fulfillment may be subject to applicable privacy protections. Other information, such as account registration details or general communications, may be governed by our Privacy Practices and applicable state laws. Information that has been de identified in accordance with applicable law is not considered protected information.
Affiliated medical providers maintain their own Notice of Privacy Practices that explains how they use and disclose protected health information. By using the Services, you acknowledge that you may receive care from licensed providers and that their privacy practices apply to information used for treatment, payment, and healthcare operations.
The Platform, its content, and all related materials are protected by intellectual property laws. The Company grants you a limited, personal, non transferable, and revocable license to access and use the Services for their intended purposes. All rights, title, and interest in the Platform and its content remain the property of the Company or its licensors.
You agree not to copy, reproduce, distribute, modify, or create derivative works from the Platform or its content except as expressly permitted. You also agree not to remove or alter any copyright, trademark, or proprietary notices displayed through the Services. All trademarks, service marks, logos, and trade names associated with the Company remain the property of their respective owners and may not be used without permission.
Except where prohibited by law, information you submit through the Platform, including comments, feedback, suggestions, or other communications, may be used by the Company for purposes related to operating and improving the Services. By submitting such information, you grant the Company a non exclusive, royalty free, perpetual, and worldwide license to use, reproduce, modify, display, and distribute the submission as necessary to provide and improve the Services.
You represent that you have the right to provide any information you submit and that doing so does not violate the rights of any third party. You remain responsible for the content you submit. If a submission includes protected health or medical information, our use and disclosure of that information will be limited as required by applicable privacy laws.
You agree not to use the Platform or Services in any manner that is unlawful, unauthorized, fraudulent, or harmful. This includes any use that could damage, disable, overburden, or interfere with the operation of the Platform or the experience of other users. You may not attempt to gain unauthorized access to accounts, systems, or networks connected to the Platform, nor may you attempt to obtain information or materials through any means not intentionally made available.
You are also prohibited from attempting to reverse engineer, decompile, disassemble, or otherwise interfere with any portion of the Platform or its underlying technology. The Services may only be used for their intended purposes.
In connection with your use of the Services, you agree that you will not do any of the following:
The Company reserves the right to take appropriate action in response to suspected violations, including suspension or termination of access to the Services. We may cooperate with law enforcement or other authorities where required by law or where unlawful activity is suspected.
We may also disclose information when necessary to comply with legal obligations, respond to lawful requests, protect the safety of users, or maintain the security and integrity of the Platform.
You may be required to create an account to access certain features of the Platform. When registering, you agree to provide accurate and complete information and to keep that information updated. Failure to maintain accurate information may result in suspension or termination of your account.
You are responsible for maintaining the confidentiality of your username and password and for all activity that occurs under your account. You must notify us promptly if you suspect unauthorized use of your account or any security breach. You may not use another person’s account without permission.
Although we implement reasonable safeguards to protect user information, no system can be completely secure. You are responsible for logging out of your account when not in use and for securing any device you use to access the Platform. The Company is not responsible for losses resulting from unauthorized access to your account due to your failure to maintain account security.
You agree to use caution and sound judgment when using the Services and not to attempt to compromise or test the security of the Platform. Any attempt to do so may result in termination of access and potential legal action.
Program Names: Flare MD, IV Texas, IV Alabama
By providing your mobile phone number through any of our platforms, including through online booking forms, intake forms, checkout pages, or by sending a text message directly to one of our phone numbers, you expressly consent to receive text messages from Flare MD, IV Texas, and/or IV Alabama (as applicable to the services you have requested or the entity you have contacted).
Messages you may receive include, but are not limited to:
Message frequency varies based on your interactions with us. You may receive up to 10 messages per month per program, though frequency may increase during active treatment, order fulfillment, or promotional periods.
Message and data rates may apply depending on your mobile carrier and plan. You are responsible for any charges from your carrier related to sending or receiving text messages.
Consent to receive text messages is not a condition of purchasing any goods or services from us. You may choose not to receive text messages and still use the Services.
You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. After sending STOP, you will receive a single confirmation message confirming your opt out, and you will no longer receive text messages from that program. If you are enrolled with multiple programs or entities (for example, both Flare MD and IV Texas), you may need to reply STOP to messages from each program separately to opt out of all messages.
For assistance with text messaging, reply HELP to any message you receive from us. You will receive a response with customer support contact information. You may also contact us directly:
Email: [email protected]
Phone: 877 390 9998
Phone: 817 330 9385
Phone: 256 459 7155
Phone: 628 345 7155
Carriers are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission by your mobile carrier. The Company is not responsible for messages that are not received due to carrier issues, device incompatibility, or changes to your phone number or carrier plan.
Major U.S. carriers are supported, including but not limited to AT&T, T Mobile, Verizon, and Sprint. Carrier support and functionality may vary.
Your phone number, opt in consent data, and messaging activity will not be sold, rented, or shared with third parties or affiliates for their own marketing or promotional purposes. We may share your information with service providers who assist in delivering messages on our behalf, but only for that purpose and subject to contractual safeguards. For more information, please review our Privacy Practices at flaremd.com/privacy-practices.
Standard SMS messaging is not considered a secure form of communication. While we may send certain communications by text message for convenience, our preferred secure method of communication is through the patient portal whenever available.
By enrolling in our SMS programs, you acknowledge that you have read, understood, and agree to these SMS Messaging Terms.
Certain services, medications, devices, or other items available through the Platform may be provided by independent third parties, including partner pharmacies, licensed medical groups, providers, or vendors. These parties may offer products or services through the Platform or in connection with care received through it. Any such products or services are considered third party goods and services.
Your use of any third party goods and services, and any interaction you have with a third party, including payment, fulfillment, delivery, or support, is solely between you and that third party. You should use reasonable judgment and conduct any investigation you believe appropriate before engaging in transactions with third parties or purchasing third party goods or services.
The Company is not responsible for losses, damages, or claims arising from your use of third party goods or services or from your interactions with any third party. In the event of a dispute between you and a third party, you agree that the Company has no obligation to participate in or resolve the dispute. To the fullest extent permitted by law, you release and agree to indemnify and hold harmless the Company and its affiliates, officers, employees, contractors, and representatives from any claims, damages, or liabilities arising out of or related to your use of the Services, your interactions with third parties, your violation of these Terms, or your violation of any applicable law or third party rights.
You agree to defend and indemnify the Company and any affiliated providers, pharmacies, or vendors against any claims, losses, damages, costs, or expenses, including reasonable attorneys’ fees, arising from your use of the Services, your misconduct, or your breach of these Terms. The Company reserves the right to assume control of the defense of any claim for which we are entitled to indemnification, and you agree to cooperate as reasonably requested.
If you are a California resident, you waive California Civil Code section 1542, which states that a general release does not extend to claims unknown at the time of the release that would have materially affected the settlement had they been known.
The Company reserves the right to monitor general use of the Platform and to remove or restrict access to any content or materials that we believe may violate these Terms, applicable law, or the intended purpose of the Services. We may take action in our discretion to maintain the integrity, safety, and proper operation of the Platform.
All products and services offered through the Platform are subject to availability. We reserve the right to limit quantities, refuse or cancel orders, or correct pricing or listing errors at any time. If an order is canceled after payment has been processed, a refund for the affected portion of the order may be issued.
Prices are subject to change without notice. You are responsible for any applicable taxes, duties, or governmental charges associated with purchases made through the Platform. Where required, we will collect and remit applicable taxes. If taxes are not collected at checkout, you may be responsible for reporting and paying those amounts directly.
You represent that you are authorized to use the payment method you provide. By submitting payment information, you authorize us and our payment processors to charge the total amount due for your purchase, including applicable taxes and fees. If a payment is declined or reversed, we may attempt to process the payment again or request an alternative method. We are not responsible for fees imposed by your financial institution or payment provider.
Payment processing is handled through third party payment processors. These processors operate under their own privacy and security policies and are not under the control of the Company. Any relationship between the Company and a payment processor is contractual in nature only.
Shipping and delivery timeframes, when applicable, are estimates and not guaranteed. Risk of loss for shipped items typically transfers to you upon delivery to the carrier unless otherwise stated. We reserve the right to address customer concerns or issues on a case by case basis in our discretion.
The Company may suspend or terminate your access to the Services at any time and for any reason, including violation of these Terms, discontinuation of services, or changes in relationships with affiliated providers or pharmacies. Upon termination, your right to use the Platform will immediately cease.
Certain provisions of these Terms, including those relating to security, prohibited conduct, intellectual property, disclaimers, limitations of liability, dispute resolution, and indemnification, will survive termination. If your access is terminated, you agree not to attempt to access the Services again under another name or account.
Except as required by law or described in our Privacy Practices, we are not obligated to retain or provide access to content or information associated with your account following termination, although certain records may be retained as required for legal, regulatory, or operational purposes.
Information and content made available through the Platform are provided for general convenience and informational purposes. Any reliance on information obtained through the Services is at your own risk.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR ACCESS TO AND USE OF THE PLATFORM IS VOLUNTARY AND AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ANY THIRD PARTIES PROVIDING SERVICES OR PRODUCTS THROUGH THE PLATFORM, INCLUDING AFFILIATED MEDICAL GROUPS, PROVIDERS, AND PHARMACIES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, AND SATISFACTORY QUALITY.
THE COMPANY DOES NOT GUARANTEE THAT THE PLATFORM OR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, OR FREE FROM INTERRUPTIONS. WE DO NOT WARRANT THAT ACCESS WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE FREE FROM ERRORS, VIRUSES, MALWARE, CYBER INCIDENTS, OR OTHER HARMFUL COMPONENTS. USE OF THE SERVICES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, CONTRACTORS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF DATA, LOSS OF PROFITS, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT LIABILITY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT OF ACTUAL DAMAGES INCURRED BY YOU, UP TO A MAXIMUM OF ONE THOUSAND U.S. DOLLARS.
ANY CLAIM RELATED TO YOUR USE OF THE SERVICES OR CONTENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE THE EVENT GIVING RISE TO THE CLAIM OCCURRED, UNLESS A LONGER PERIOD IS REQUIRED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The Company may provide notices related to the Services or this Agreement through email, postings within the Platform, or by mail, at our discretion. Notices will be considered delivered when sent or posted using the contact information associated with your account.
When you use the Services or communicate with us by email, text message, portal messaging, or other electronic means, you are communicating with us electronically. Electronic communications carry certain risks, including the potential for unintended disclosure if communications are sent to the wrong recipient or accessed by an unauthorized party.
By using the Services, you consent to receive communications electronically from the Company and, where applicable, affiliated providers. These communications may include emails, text messages, portal messages, and other electronic notifications. You agree that electronic communications satisfy any legal requirement that communications be in writing. Electronic notices are considered received on the date they are transmitted.
Please read this section carefully. It affects your legal rights, including your ability to file a lawsuit in court.
You and the Company agree that most disputes arising out of or relating to your use of the Services that cannot be resolved informally will be handled through binding individual arbitration, subject to limited exceptions described below. Arbitration is generally less formal than a court proceeding and uses a neutral arbitrator instead of a judge or jury. Discovery and appellate review are also more limited. This section includes a waiver of class actions and a waiver of jury trials. These provisions remain in effect even after termination of your relationship with the Company.
The Company aims to resolve concerns quickly and fairly. If a dispute arises, both you and the Company agree to first attempt to resolve the matter through an informal process before pursuing arbitration or legal action. For purposes of this section, a dispute includes any claim, controversy, or disagreement between you and the Company, its affiliates, partners, or vendors that arises from or relates to these Terms, the Services, or your relationship with the Company, regardless of legal theory. This includes disputes that arose before this Agreement and those that arise after termination. Disputes relating solely to intellectual property rights such as patents, trademarks, or copyrights are excluded from arbitration.
Certain issues may be decided by a court, including questions about the validity or enforceability of this arbitration section or matters specifically reserved for court review. Nothing in this section prevents either party from bringing concerns to a government agency when permitted by law.
Before initiating arbitration, the party raising the dispute must send a written notice describing the issue and the requested resolution. Notices to the Company should be sent to:
Email: [email protected]
Mail: 2700 Tibbets Dr Ste 408, Bedford, TX 76022
The notice must include a detailed description of the dispute, the basis for the claim, the relief requested, and sufficient information to identify the account or transaction involved. Both parties agree to negotiate in good faith and, if requested, participate in a telephonic or virtual settlement conference. This informal process is a required first step and must be completed before arbitration begins. Any applicable limitations periods will be paused for sixty days while the parties attempt to resolve the dispute.
You may opt out of this arbitration provision by sending a written notice to [email protected] or by mail to 2700 Tibbets Dr Ste 408, Bedford, TX 76022 within thirty (30) days of your first use of the Services. Your opt out notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all other provisions of these Terms will continue to apply.
If the dispute is not resolved informally, you and the Company agree that the dispute will be resolved through final and binding individual arbitration, except where small claims court is available as described below. Arbitration will be administered by a recognized arbitration organization under its applicable consumer arbitration rules. The Federal Arbitration Act governs this provision.
The arbitrator may award the same relief available in court but only on an individual basis. Claims may not be brought as class actions, collective actions, representative actions, or private attorney general actions. The arbitrator may not consolidate claims from multiple parties without mutual agreement. If a court determines that any part of this section is unenforceable, the remaining provisions will still apply.
Either party may choose to bring an eligible dispute in small claims court if the matter falls within that court’s jurisdiction and remains on an individual basis.
Arbitration may be conducted in person, by video, by phone, or through written submissions, depending on the nature of the dispute and the amount at issue. Hearings will generally occur in or near the county where you reside unless another mutually agreed location is selected.
To the fullest extent permitted by law, you and the Company agree that all disputes will be resolved on an individual basis only. You waive any right to participate in a class, collective, or representative action. You also waive the right to a jury trial in any proceeding related to a dispute covered by this section.
The Services are operated from within the United States. This Agreement and any disputes arising from it will be governed by the laws of the State of Texas, without regard to conflict of law principles, except where federal law requires otherwise. If a court proceeding is permitted under this Agreement, venue will be in a court of competent jurisdiction in Texas unless applicable law requires otherwise.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect and will be interpreted to best reflect the original intent of the parties while complying with applicable law.
Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and the Company or any affiliated providers, pharmacies, or vendors. You may not bind the Company to any agreement without written authorization.
These Terms, along with any policies or agreements referenced within the Services, constitute the entire agreement between you and the Company regarding use of the Services and replace any prior agreements on the same subject.
You may not assign your rights or obligations under this Agreement without written consent from the Company. The Company may assign or transfer its rights and obligations under this Agreement to an affiliate or in connection with a merger, acquisition, or sale of assets.
If you have questions about these Terms or a dispute, please contact us at:
Email: [email protected]
Phone: 877 390 9998
Phone: 817 330 9385
Phone: 256 459 7155
Phone: 628 345 7155
Mail: 2700 Tibbets Dr Ste 408, Bedford, TX 76022
