Thank you for choosing to be part of our community at Everwell Health RX, Inc. (“Everwell Health RX,” “we,” “us,” or “our”). Everwell Health RX is committed to respecting your privacy and protecting your personal information. When you visit our website or use our services, you trust us with sensitive information, and we take that responsibility seriously.
This Privacy Policy (“Privacy Policy”) applies to the following website(s): everwellhealthrx.com, and any affiliated portals or digital properties (collectively, the “Website”).
This Privacy Policy explains what information we collect, how we use it, how we protect it, and your rights regarding your personal information. It should be read together with our Terms of Service (the “Terms”), which govern your use of the Website.
If you have any questions about this Privacy Policy or our data practices, please contact us at [email protected].
This Privacy Policy applies to all information collected through the Website and through email, text, or other electronic communications between you and Everwell Health RX in connection with the Website or any services, programs, marketing, or events we provide (collectively, the “Services”).
This Privacy Policy does not apply to information that:
- We collect offline or through channels not described in this Policy
- Is collected by any third party not operating on our behalf
Additionally, this Privacy Policy does not govern information considered Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). PHI is subject to separate protections. Please refer to our HIPAA Notice of Privacy Practices for more information.
By using the Website or submitting information to us, you acknowledge that we will collect, use, and disclose your personal information as described in this Policy. If you do not agree with any part of this Privacy Policy, you must discontinue use of the Website and Services.
This Privacy Policy may change periodically. Continued use after updates signifies acceptance of the revised Policy. Please review it regularly.
1. Medical Advice or Services
Emergency Notice
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
All Website content is provided for informational purposes only and does not constitute medical advice, diagnosis, treatment, or recommendations.
The Website is not intended to be used for diagnosing conditions or prescribing treatment. Always seek guidance directly from a licensed medical provider regarding any questions about your health.
Visiting the Website or creating an account does not establish a provider-patient relationship. Reliance on Website content without consulting a qualified clinician is at your own risk.
2. What Information Do We Collect?
We collect personal information that you voluntarily provide to us and information automatically collected during your use of the Website.
A. Information You Provide to Us
When you use our Website or contact us, we may collect:
- Name
- Email address
- Phone number
- Mailing address
- Information submitted through Website forms
- Messages sent through Website features
- Health-related information necessary for determining eligibility or facilitating care
All information you provide must be accurate and kept up to date.
B. Information Collected Automatically
When you interact with the Website, we may automatically collect:
- IP address
- Device identifiers
- Browser details
- Operating system
- Language preferences
- Referring URLs
- Approximate location
- Usage data (time spent, pages viewed, click patterns)
This information helps maintain platform security and enhances performance and analytics.
C. Payment Information
If you purchase Services, we may collect:
- Payment card information
- Billing address
- Transaction details
Payments are processed by secure third-party processors. Everwell Health RX does not store full credit card numbers.
3. How Do We Use Your Information?
We use the personal information collected through the Website for various business and operational purposes, including:
Account and Service Delivery
- Creating and managing user accounts
- Processing payments
- Facilitating access to telehealth services
Communication
- Responding to inquiries
- Providing administrative updates
- Sending service-related notifications
Marketing and Promotions
- Sending marketing communications if permitted by your preferences
- Allowing opt-out at any time
Operations and Improvement
- Enhancing Website functionality
- Conducting analytics
- Requesting feedback
- Posting testimonials (only with your consent)
Legal and Security
- Enforcing our Terms
- Responding to legal requests
- Preventing fraud and protecting the Website
Other Legitimate Business Purposes
We may use aggregated, de-identified data for internal analysis. We will not use identifiable personal information for these purposes without your consent.
4. Will Your Information Be Shared?
We may share your information based on the following legal grounds:
- Your Consent
- Legitimate business interests
- To fulfill a contract
- To comply with legal obligations
- To protect safety or prevent fraud
Service Providers
We may share information with third-party vendors performing services such as:
- Payment processing
- Hosting
- Marketing
- Customer support
- Analytics
These parties may access information only as needed to perform their obligations.
Business Transfers
Information may be transferred during mergers, acquisitions, restructuring, or similar corporate events.
Third-Party Advertising
Third parties may collect browsing activity through cookies or trackers. You may manage cookies in your browser settings.
Other Users
Content you submit publicly (such as testimonials) may be visible to others.
Text Messaging Consent Guarantee
Notwithstanding anything else in this Privacy Policy, text messaging originator opt-in data and consent information will not be shared with any third parties, except as required to deliver the messaging service or as required by law.
Everwell Health RX does not sell, rent, or trade your personal information.
5. How Long Do We Keep Your Information?
We retain personal information only as long as necessary to fulfill the purposes described in this Policy, unless a longer period is required by law.
When information is no longer needed, we will delete, anonymize, or securely store it until deletion is possible.
6. How Do We Keep Your Information Safe?
We use administrative, technical, and physical safeguards to protect personal information, including:
- Encryption
- Access controls
- Secure servers
- Routine system monitoring
However, no online transmission is fully secure. You transmit information at your own risk. Never share your account credentials with anyone.
7. Do We Collect Information From Minors?
We do not knowingly collect information from children under the age of 18. If we become aware that we have collected such information, we will delete it promptly.
If you suspect we have collected information from a minor, contact us at: [email protected].
8. What Are Your Privacy Rights?
Depending on your location, you may have rights regarding your personal information, including the right to:
- Access
- Correct
- Delete
- Restrict processing
- Opt out of marketing
- Request account closure
To exercise these rights, contact us at [email protected].
Marketing emails can be unsubscribed from using the link provided in each email. Some jurisdictions provide additional rights (e.g., California, EU). We will comply with applicable laws.
9. Do-Not-Track Features
Most browsers allow Do-Not-Track (DNT) settings; however, no universal standards exist. Everwell Health RX does not currently respond to DNT signals.
10. Updates to This Privacy Policy
We may update this Privacy Policy periodically. Updated versions will include a revised date at the top. Your continued use of the Website after changes means you accept the updated Policy.
11. How to Contact Us
If you have any questions or comments regarding this Privacy Policy, please contact:
Email: [email protected]
Mail: Everwell Health RX, Inc., 500 S. Australian Ave, Suite 600, 1069, West Palm Beach, FL 33401
California Consumer Privacy Notice (California Residents)
This California Consumer Privacy Act and California Privacy Rights Act notice (the “California Privacy Notice”) supplements Everwell Health RX's (together with its affiliated entities, “Everwell Health RX,” “we,” “us,” or “our”) general Privacy Policy and applies only to California residents acting in an individual or household capacity (“Consumers,” “you,” “your”) and to personal information we collect about them, whether collected online or offline.
If there is a conflict between this California Privacy Notice and any other Everwell Health RX privacy policy or notice, this California Privacy Notice controls only with respect to California Consumers and their personal information.
This notice is intended to satisfy our obligations under the CCPA/CPRA, including the “notice at collection” requirements.
1) General Information Regarding Your Personal Information
A. Categories of Personal Information We Collect
We may collect (and have collected within the past 12 months) the following categories of personal information, depending on how you interact with Everwell Health RX and our services:
- Identifiers — Such as your name, postal address, billing and/or shipping address, email address, telephone number, online identifiers, IP address, device identifiers, account username, and account credentials.
- California Customer Records (Cal. Civ. Code § 1798.80(e)) — Such as name, address, telephone number, payment card information (as applicable), and other information you provide to obtain services.
- Protected Classification Characteristics — Such as age and gender, where you provide such information or where required for eligibility/verification or to provide services.
- Commercial Information — Such as products or services considered, purchased, obtained, or used; transaction information; order history; and account activity.
- Internet or Other Electronic Network Activity — Such as browsing history on our digital properties, interactions with our website or applications, clickstream data, device and browser information, and interactions with advertisements.
- Geolocation Data — Such as your ZIP code and address you provide, and approximate location derived from IP address (e.g., city/state), used for service availability, shipping, fraud prevention, and related operational purposes.
- Audio, Electronic, Visual, or Similar Information — Such as communications with customer support, chat logs, emails, call recordings where permitted by law and with notice, survey responses, testimonials/reviews, and information you type into open-text fields.
- Professional or Employment-Related Information (if applicable) — Such as licensing and credential information for clinicians/providers or other professional contacts interacting with us in a professional capacity.
- Education Information (if applicable) — Such as education history where provided for limited purposes (for example, professional verification).
- Inferences — Such as preferences, characteristics, and interests inferred from your interactions with our services (for example, likely areas of interest).
- Sensitive Personal Information (as defined by CPRA) — Such as certain health-related information you provide, precise account log-in credentials, and other information that may be considered sensitive under California law.
Health information note: Certain information may be subject to additional protections under federal and state health privacy laws (including, where applicable, HIPAA). When those laws apply, we handle such information in accordance with them.
B. Purposes for Which We Use Personal Information
We collect and use personal information for the following business and commercial purposes:
- Providing, operating, and maintaining our services, including creating and managing accounts, processing transactions, facilitating payments, shipping (where applicable), and providing customer support.
- Verifying identity and eligibility, processing intake information, and supporting service workflows (including coordinating with licensed clinicians/providers and partner vendors as applicable).
- Communicating with you, including service-related notices, account communications, and responding to inquiries.
- Security and fraud prevention, including detecting and preventing malicious, deceptive, fraudulent, or illegal activity, and protecting the safety and integrity of our services.
- Improving and developing our services, including internal research, analytics, debugging, and quality assurance.
- Marketing and advertising, including sending marketing communications (where permitted), tailoring content, measuring campaign performance, and delivering more relevant advertisements.
- Legal, compliance, and enforcement, including complying with applicable laws, responding to lawful requests, resolving disputes, enforcing agreements, and maintaining required records.
C. Sources of Personal Information
We collect personal information from the following sources:
- Directly from you, including when you create an account, complete forms, make purchases, or communicate with us.
- Automatically from your device, including through cookies, pixels, SDKs, and similar technologies when you interact with our digital properties.
- Service providers and vendors, including payment processors, customer support tools, security/fraud vendors, analytics providers, and shipping/logistics providers.
- Advertising and marketing partners, including advertising networks and social networks (for example, when you interact with our ads or when third-party tags are enabled).
- Healthcare-related partners (as applicable), such as licensed clinicians/providers, pharmacies, and laboratories involved in delivering services, consistent with applicable law.
D. Data Retention
We retain personal information for as long as reasonably necessary to fulfill the purposes described in this California Privacy Notice, including to provide services, maintain accounts, comply with legal obligations, resolve disputes, enforce agreements, and protect against harmful or illegal activity.
Retention periods vary depending on the type of information, the purposes for which it is used, and legal requirements. We may retain and use information as needed to comply with applicable laws and regulations.
E. Text Messaging Opt-In Data
Text Messaging Opt-In Data. For the avoidance of doubt, text messaging originator opt-in data and consent information are not sold or shared, and are excluded from the categories of personal information described above.
2) Sale or Sharing of Personal Information (Targeted Advertising)
California law defines “sale” broadly to include making personal information available to third parties for valuable consideration, and defines “sharing” to include disclosures of personal information to third parties for cross-context behavioral advertising (commonly called “targeted advertising”).
Everwell Health RX may make certain categories of personal information available to third parties to help us deliver, measure, and improve advertising and to provide more relevant content and offers. These disclosures may be considered a “sale” or “share” under California law.
A. Categories of Personal Information We May Sell or Share
Within the past 12 months, we may have sold or shared the following categories of personal information:
- Identifiers
- Commercial information
- Internet or other electronic network activity information
- General geolocation data
- Inferences
B. Categories of Third Parties to Whom We May Sell or Share
We may sell or share personal information with:
- Advertising networks
- Social networks
- Data analytics providers
C. Minors
We do not have actual knowledge that we sell or share personal information of individuals under 16 years of age.
3) Your Rights Under the CCPA/CPRA
Subject to verification and certain legal exceptions, California Consumers have the following rights:
A. Right to Know / Access
You have the right to request that we disclose, free of charge, information about our collection and use of your personal information, including:
- The categories of personal information we collect about you;
- The categories of sources from which we collect personal information;
- The business or commercial purposes for collecting, selling, or sharing personal information;
- The categories of third parties to whom we disclose personal information; and
- The specific pieces of personal information we collected about you.
B. Right to Delete
You have the right to request deletion of personal information we collected from you, subject to certain exceptions permitted by law (for example, to complete a transaction, provide services, detect security incidents, comply with legal obligations, or for other lawful purposes).
C. Right to Correct
You have the right to request correction of inaccurate personal information, taking into account the nature of the personal information and the purposes of processing.
D. Right to Opt Out of Sale/Sharing
You have the right to opt out of the sale or sharing of your personal information.
E. Right to Limit Use and Disclosure of Sensitive Personal Information
You have the right to request that we limit certain uses and disclosures of sensitive personal information to those permitted under California law.
F. Right of Non-Discrimination
You have the right not to receive discriminatory treatment for exercising your California privacy rights.
4) How to Submit CCPA/CPRA Requests
A. Requests to Know, Delete, or Correct
You may submit a request through any of the following methods:
- Online: Visit our “Your Privacy Choices” page and follow the instructions for submitting requests.
- Email: [email protected]
- Phone: +1 734-359-6129
If you use an authorized agent, the agent may submit a request on your behalf, but we may require proof of authorization and may require you to verify your identity directly with us.
B. Opt-Out of Sale/Sharing and Limit Sensitive Personal Information
You may opt out of the sale/sharing of personal information and/or limit certain uses of sensitive personal information by using our “Your Privacy Choices” link available on our website. Where required by law, we also process opt-out preference signals, such as the Global Privacy Control (GPC), for browser-based identifiers.
5) Verification of Requests
Only you, or a person legally authorized to act on your behalf, may make a request regarding your personal information.
To protect your privacy and maintain security, we will take reasonable steps to verify your identity before responding to requests to know, delete, or correct. Verification may require you to provide information that we can match with our records. If we cannot verify your identity (or an agent's authority), we may deny the request.
You do not need to create an account to submit a request. We will only use the personal information provided in a request to verify identity/authority and to process the request.
6) Changes to This California Privacy Notice
We may update this California Privacy Notice from time to time. The “Last Updated” date above indicates when it was most recently revised. We encourage you to review this notice periodically.
7) Contact Us
If you have questions about this California Privacy Notice or our privacy practices, contact us at:
Email: [email protected]
Mail: Everwell Health RX, Inc., 500 S. Australian Ave, Suite 600, 1069, West Palm Beach, FL 33401
Everwell Health RX, Inc. ('Everwell Health RX, Inc.', 'the Company', 'we', or 'us') owns and operates the website located at everwellhealthrx.com, and may now or in the future own and/or operate related mobile applications (collectively, the “Platform”). Your access to and use of the Platform, its content (“Content”), any products or services made available through the Platform, and any affiliated website, software, or application operated by Everwell Health RX, Inc. (collectively, the “Service”) are governed by these Terms and Conditions (this “Agreement”). Please read this Agreement carefully, as it contains important information about your rights and responsibilities when using the Service. In this Agreement, “you” and “your” refer to the individual using the Service. By clicking “I Agree”, checking a box indicating your acceptance, using any acceptance mechanism presented through the Service, or otherwise affirmatively consenting to this Agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, do not create an account and do not use the Service. You also acknowledge and authorize that any person who clicks “I Agree” or otherwise indicates acceptance on your behalf has the authority to bind you to this Agreement.
Arbitration Notice
By using the Service, you agree that any dispute between you and Everwell Health RX, Inc., or between you and any medical groups or healthcare providers associated with the Service, arising out of or relating to this Agreement or the Service, will be resolved through binding individual arbitration. You further waive any right to a jury trial or to participate in a class action or class-wide arbitration. Exceptions to this requirement and instructions for opting out of arbitration are provided later in this Agreement.
Acceptance of Terms and Conditions
Your access to and use of the Service are governed by this Agreement and all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in full, you are not permitted to visit, access, register for, or use the Service or any Content made available through it, other than to review this Agreement. The Service is continually evolving, and Everwell Health RX, Inc. reserves the right to update, modify, or remove any portion of the Service or this Agreement at any time, in our sole discretion, and without prior notice. Any changes to this Agreement become effective immediately upon being posted on the Platform. Unless stated otherwise, any new Content, features, or functionality added to the Service will also be subject to this Agreement once posted. If you do not agree with this Agreement or any future modifications, your only recourse is to stop using the Service.
Your continued use of the Service after changes have been posted will constitute your acceptance of the Agreement as revised.
Children
The Platform is not intended for use by children. If you are under 18 years of age, you may not access or use the Platform in any capacity. By accessing or using the Platform, you represent and warrant that you are at least 18 years old.
Your Relationship with Us
By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacy, Medical Groups, or Providers through the Platform are subject to this Agreement, and that the Pharmacy, Medical Groups, and Providers are intended third-party beneficiaries of this Agreement. Everwell Health RX, Inc. acts solely as a technology platform that connects you to these independent third parties. Everwell Health RX, Inc. does not practice medicine, does not provide clinical care, does not prepare or dispense medications, and does not direct, supervise, or control the professional judgment of any Provider or Pharmacy. Each Provider is solely responsible for the healthcare services he or she determines appropriate, and each Pharmacy is solely responsible for preparing and dispensing medications in accordance with applicable law. Everwell Health RX, Inc. makes no representations or warranties regarding the quality, suitability, professional qualifications, reliability, timeliness, or accuracy of any services rendered by the Pharmacy, Medical Groups, or Providers.
By using the Service, you acknowledge that Everwell Health RX, Inc. is not a healthcare provider and that no doctor-patient or healthcare-provider-patient relationship is created between you and Everwell Health RX, Inc.. You may, however, enter into such a relationship with an independent Provider who delivers clinical services to you through the Platform. You further agree that the Medical Groups and Providers may send you messages, reports, emails, SMS/MMS texts, or other communications through the Service regarding your evaluation or treatment, and that it is your sole responsibility to monitor, review, and respond to such communications. Neither Everwell Health RX, Inc. nor the Pharmacy nor any Medical Group or Provider will be liable for any injury, loss, or claim arising from your failure to read, respond to, or act upon these communications, or from your failure to follow any treatment recommendations or instructions.
Although Everwell Health RX, Inc. is not a healthcare provider, you establish a direct customer relationship with Everwell Health RX, Inc. when you use the Platform or when you purchase any non-prescription products, memberships, or technology-based services made available through the Platform. In connection with this relationship, you may provide personal information, including health information, which Everwell Health RX, Inc. may use in accordance with its Privacy Policy. Additional details regarding data use and privacy practices are described in the “Privacy Policy” and “Protected Information” sections of this Agreement.
Customer Care Mobile Messaging Terms & Conditions
By checking the opt-in box, placing an order, or sending an SMS/MMS message to Everwell Health RX, Inc., you agree to the Everwell Health RX, Inc. Mobile Messaging Terms & Conditions. When you opt in, you authorize Everwell Health RX, Inc. to send SMS/MMS messages to the mobile number you provide. These messages may include replies to inquiries, real-time communication regarding our services, products, pricing, your account, or your orders. Message frequency will vary depending on the nature of the conversation.
You may opt out of receiving messages at any time by texting “STOP” to the number sending the messages. After you send “STOP,” you will receive a confirmation message stating that you have been unsubscribed, after which you will no longer receive SMS/MMS messages from Everwell Health RX, Inc.. If you wish to rejoin, you may opt in again using the original method or by texting “START.”
If you experience any issues, email [email protected] for assistance.
Message and data rates may apply to messages sent to you and messages you send to us. If you have questions regarding your mobile or data plan, please contact your wireless provider. For questions regarding privacy, please refer to the Everwell Health RX, Inc. Privacy Policy.
Subscription Products
Certain products available for purchase through the Service may require enrollment on a subscription basis. For subscription-based products, the payment method you provide will be automatically charged at the regular intervals disclosed during the checkout process for that specific product. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date by turning off the auto-refill feature in your user portal. If you experience any issues disabling your subscription, please contact us at [email protected].
By placing a recurring monthly order, you authorize Everwell Health RX, Inc. to charge you the amount listed for the applicable product (as detailed on the product purchase page) immediately and every 30 days thereafter until you cancel. You will receive an electronic notification 5 to 7 days prior to a scheduled transaction and a receipt following each successful charge.
To simplify your experience on the Platform, you will see and pay a single total subscription price. If a subscription product you purchase requires a consultation with a Provider and/or includes a prescription medication filled through a Pharmacy, the total price you pay is a bundled amount that includes: (i) the fee charged by the Pharmacy for the prescription drug, (ii) the fee charged by the Medical Group for services provided by a Provider, and (iii) the amount Everwell Health RX, Inc. charges for access to and use of the Platform. Everwell Health RX, Inc. collects the Pharmacy and Medical Group portions of the total subscription price on their behalf and remits the applicable amounts to them.
Prescription Products
Certain products available through the Platform require a valid prescription from a licensed healthcare provider. You will not be able to obtain any prescription product unless you complete a consultation with a Provider through the Platform, the Provider determines that the prescription product is appropriate for you, and the Provider issues a prescription. If a Provider determines that a prescription product is appropriate and writes a prescription, the prescription will be filled through one of the Pharmacies accessible via the Platform. By purchasing a service or product that includes a prescription, you voluntarily and unconditionally waive your right to have the prescription filled at a pharmacy of your choice. If you do not wish to waive this right, you should not purchase the service. By completing your purchase, you acknowledge, represent, and warrant that you have agreed to this waiver. If you have any questions about this requirement or waiver, please contact us at [email protected]. You understand that prescriptions fulfilled by the Pharmacies may not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers. If you complete a consultation with a Provider and the prescription is filled through one of the Pharmacies, the prescribed product will be shipped directly to you by the applicable Pharmacy.
Limited Use and Availability
Our Service is only available to individuals who are located in states where Everwell Health RX, Inc. operates, who are at least eighteen (18) years of age or older (or the age of majority in their jurisdiction of residence, if higher), and who have accepted this Agreement. By visiting, accessing, registering with, or using the Service, you represent and warrant that you meet all eligibility requirements, that when consulting with a Provider you are physically located in the same state as the shipping address listed in your account, that you will comply with all applicable laws in accessing or using the Service, and that you will use the Service solely for lawful purposes. Availability of the Service is subject to state-specific regulations and may change at any time due to changes in applicable regulatory or legal requirements.
Certain products or services available through the Service may be subject to additional age restrictions and may not be available to all Users. Not all products or services on the Platform are available to individuals of all age groups. In some circumstances, the Service may not be the appropriate method for providing information to, communicating with, or obtaining medical care from a healthcare provider. Some medical conditions may require an in-person visit, a physical examination, a procedure, or care from a provider other than one available through the Platform. A Provider may determine that your diagnosis or treatment cannot be appropriately managed through the Service, in which case you may be notified that the Service cannot be used for the issue you submitted and may receive guidance regarding potential next steps.
Consent to Use of Telehealth Services
Telehealth involves the delivery of healthcare services through electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. While the use of telehealth may offer certain benefits, there are also potential risks associated with receiving care remotely, and telehealth services may not be a substitute for in-person medical care in all circumstances. To use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”), which will be provided to you by the Medical Groups and Providers through the Platform. You agree that Everwell Health RX, Inc. is a third-party beneficiary of the Patient Consent and may enforce its terms against you.
Duty to Provide Information Access and Connectivity
You are responsible for providing and maintaining, at your own risk and expense, all necessary software, hardware, and technical capabilities required to use the Service, including but not limited to a computer or mobile device with Internet access and, where applicable, a functioning video camera. You are solely responsible for any fees or charges you incur when accessing the Service, such as Internet or mobile data fees. You agree to provide truthful, accurate, and complete information in all forms, inquiries, and other communications submitted through the Service. Everwell Health RX, Inc. reserves the right to modify the access configuration of the Service at any time, including any applicable software, hardware, or other requirements, without prior notice. Everwell Health RX, Inc. expressly disclaims liability for any losses or damages arising from your failure to comply with the obligations set forth in this paragraph.
Privacy Policy
Everwell Health RX, Inc. understands the importance of confidentiality and privacy with respect to your personal information. Please review our Privacy Policy for an explanation of how we may collect, use, and disclose your personal information.
Protected Health Information
When you create an account with Everwell Health RX, Inc., you establish a direct customer relationship with Everwell Health RX, Inc. that enables you to access and use various functions of the Service. In connection with that relationship, you may provide information to Everwell Health RX, Inc., including but not limited to your name, email address, shipping address, and phone number. This information may be collected, used, and disclosed by Everwell Health RX, Inc. in accordance with our Privacy Policy, and such information is not considered “health” or “medical” information.
However, by using certain components of the Service, you may also provide medical or health-related information that may be protected under applicable laws. Everwell Health RX, Inc. is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). In certain circumstances, Everwell Health RX, Inc. may serve as a “business associate” of a Pharmacy or Medical Group. To the extent Everwell Health RX, Inc. is deemed a business associate, and solely in that capacity, Everwell Health RX, Inc. may be subject to HIPAA with respect to the “protected health information” (“PHI”) that you provide to the Medical Group or its Providers. In addition, any medical or health information you provide that is subject to protections under applicable state laws (collectively with PHI, “Protected Information”) will be used and disclosed only as permitted by such laws. Information that does not constitute Protected Information may be collected, used, or disclosed by Everwell Health RX, Inc. in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.
Registration; User Accounts, Passwords, and Security
You are required to register and create an account on the Platform in order to access the Service, and the Service is available only to Users who have registered and been granted an account with a username and password. You agree to maintain and update all information you provide to Everwell Health RX, Inc., the Medical Group, its Providers, or the Pharmacies, and to ensure that all such information remains truthful, accurate, and complete. If you fail to keep your information current, if you provide false or incomplete information, or if Everwell Health RX, Inc. has reasonable grounds to believe that you have done so, we may suspend or terminate your account and your access to the Service. You agree to notify Everwell Health RX, Inc. immediately of any unauthorized use of your username, password, or any other breach of security relating to the Service by contacting us at [email protected]. You further agree to keep your username and password confidential and to log out of your account at the end of each session. Everwell Health RX, Inc. expressly disclaims liability for any losses or damages arising from your failure to comply with these obligations. You may not use another person's account at any time.
When creating an account, you will be required to provide a username and password that will serve as your login credentials. To help protect the privacy of data transmitted through the Service, we use technology designed to encrypt information you submit, including Secure Sockets Layer (SSL) or similar encryption methods, where personally identifiable information is requested. We also implement measures to protect User data from unauthorized access. However, you acknowledge that the Service operates on software, hardware, and networks that may require maintenance or experience technical issues or security breaches beyond our control. Additionally, anyone with physical access to your computer, phone, or other device may be able to access the Service and view information about you, including medical information. You are solely responsible for logging out of your account when not in use, securing your devices against unauthorized access, and maintaining the confidentiality of your username and password.
You must exercise caution, good judgment, and common sense when using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in civil and/or criminal penalties. Everwell Health RX, Inc. may investigate any actual or suspected violations, and if criminal activity is suspected, Everwell Health RX, Inc. may cooperate with law enforcement authorities in their investigations.
Use and Ownership of the Service
The Service, along with all information and Content made available through the Service, is protected by copyright and other intellectual property laws worldwide. Subject to this Agreement, Everwell Health RX, Inc. grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless Everwell Health RX, Inc. provides you with a separate license agreement, your right to use any portion of the Service or the Content is governed solely by this Agreement, and all rights in the Service and Content are reserved by Everwell Health RX, Inc.. You acknowledge that Everwell Health RX, Inc. and its suppliers own all rights, title, and interest in and to the Service and its components, including but not limited to computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, audiovisual effects, methods of operation, documentation, and any associated intellectual property or moral rights. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices displayed on or incorporated within the Service. The Everwell Health RX, Inc. name, logo, stylized marks, and all related graphics, service marks, and trade names used in connection with the Service are trademarks of Everwell Health RX, Inc. and may not be used without prior written permission, including in connection with any third-party products or services. Any other trademarks, service marks, or trade names appearing on the Service are the property of their respective owners.
License to Information Submitted via the Service
Subject to the limitations on Protected Information described in this Agreement, any information you submit to Everwell Health RX, Inc. through the Service, whether entered directly, sent by email, or provided in any other manner, including data, questions, comments, messages, or suggestions, will be treated as non-confidential and non-proprietary to the extent permitted by law. By submitting such information, and subject to any account settings you select, you grant Everwell Health RX, Inc. a perpetual, worldwide, royalty-free, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, distribute, display, perform, and otherwise make use of the information for purposes related to operating and improving the Service. You represent that all necessary rights in the information have been obtained so that you may grant this license, and you agree that you are solely responsible for the content you provide. Everwell Health RX, Inc. may revise or adapt any submitted information at its discretion, and you waive any claim to approval, compensation, or attribution in connection with such use. If any information you submit includes Protected Information, Everwell Health RX, Inc.'s rights with respect to that portion of the information will be limited as required by applicable law.
Prohibited Use
Any use or attempted use of the Service for any unlawful, unauthorized, fraudulent, or malicious purpose, or in any manner that could damage, disable, overburden, or impair any server or network connected to a server, or that could interfere with another user's ability to use and enjoy the Service, is prohibited. This includes any attempt to gain unauthorized access to accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means; accessing systems, data, or information that Everwell Health RX, Inc. did not intend to make accessible; obtaining materials or information through any means not intentionally made available through the Service; reverse engineering, disassembling, or decompiling any portion of the Service; or using the Service for any purpose other than its intended business use.
In connection with your use of the Service, you also agree that you will not: (a) upload or transmit any message, information, data, text, software, images, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise offensive, or that targets a person or group based on race, gender, sexuality, ethnicity, or any other intrinsic characteristic, or that violates any right of privacy or publicity; (b) create a false identity, duplicate accounts, or impersonate any person or entity, including any Everwell Health RX, Inc. representative, or misrepresent your affiliation with any person or entity; (c) upload or transmit any material you do not have the legal right to reproduce, display, or transmit under any law or under contractual or fiduciary obligations, such as nondisclosure agreements; (d) upload files that contain viruses, worms, trojan horses, spyware, corrupted files, or any other software or programs that may harm another person's computer or property; (e) remove or alter any author attributions, legal notices, or proprietary labels in any uploaded materials; (f) use the Service's communication features in a manner that negatively affects their availability to others, including excessive posting or other disruptive behavior; (g) upload or transmit any unsolicited advertising or promotional materials, including spam, chain letters, pyramid schemes, phishing attempts, or any other form of solicitation; (h) violate any applicable local, state, national, or international law; (i) upload or transmit any material that infringes a patent, trademark, service mark, trade secret, copyright, or other proprietary right of any party; (j) delete or modify any material posted by another user; (k) manipulate or display the Service by framing, mirroring, or using similar navigational technology; (l) probe, scan, test the vulnerability of, or breach the security or authentication measures of the Service or any related system or network; (m) register, subscribe, attempt to register or subscribe, unsubscribe, or attempt to unsubscribe any party for any products, services, contests, or promotions without their authorization; (n) harvest or collect information about other users, including email addresses; (o) use any automated or manual tool, including robots, spiders, or scrapers, to access the Service or to copy, download, distribute, or reproduce any content; or (p) assist or permit any other person to engage in any of these activities.
Everwell Health RX, Inc. reserves the right to take any lawful action it deems appropriate in response to actual or suspected violations of these requirements, including suspending or terminating your account or access to the Service. Everwell Health RX, Inc. may cooperate with law enforcement authorities and third parties in investigating any suspected or alleged criminal or civil wrongdoing.
Except as described in the Privacy Policy or as prohibited by law, Everwell Health RX, Inc. reserves the right to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.
Right to Monitor
Everwell Health RX, Inc. reserves the right to monitor general use of the Service at any time as it deems appropriate and may remove any materials that, in its sole discretion, are unlawful, could create liability for Everwell Health RX, Inc., violate this Agreement, or are otherwise inconsistent with the intended purpose of the Service.
Third-Party Goods and Services
Parties other than Everwell Health RX, Inc., including the Pharmacies, Medical Groups, and Providers (collectively, “Third Parties”), may offer services or sell products through the Service. Everwell Health RX, Inc. may also make available for purchase certain services, devices, items, or other products that are manufactured, distributed, or sold by Third Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services, and any interactions you have with Third Parties, including transactions, payments, delivery of goods or services, and any associated terms, warranties, representations, or conditions, are solely between you and the applicable Third Party. You are responsible for conducting any investigation you believe necessary before engaging in any online or offline transaction involving a Third Party or any Third-Party Goods and Services. You are solely responsible for exercising caution, discretion, and judgment when using the Service and when disclosing personal information.
You agree that Everwell Health RX, Inc. is not responsible or liable for any loss, damage, claim, or dispute arising out of or relating to your use of the Platform, your interactions with Third Parties, or your purchase or use of any Third-Party Goods and Services. In the event of a dispute between you and any Third Party, another user, or any other individual or entity, you understand and agree that Everwell Health RX, Inc. has no obligation to become involved, and you release and indemnify Everwell Health RX, Inc., its affiliates, and all of their respective directors, officers, employees, contractors, representatives, agents, successors, assigns, partners, shareholders, and attorneys (collectively, the “Everwell Health RX, Inc. Parties”) from any and all claims, demands, liabilities, and damages of any kind, whether known or unknown, arising out of or relating to such disputes, the Service, or any features or services provided through the Service. If you are a California resident, you waive California Civil Code Section 1542, which provides: “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.”
Certain shareholders, directors, officers, employees, contractors, or agents of Everwell Health RX, Inc. (collectively, the “Everwell Health RX, Inc. Owners and Personnel”) may have financial interests in one or more Third Parties, and may financially benefit from your interactions with such Third Parties or your purchase of Third-Party Goods and Services.
External Links
The Platform may contain links to third-party websites. These sites are not under the control of Everwell Health RX, Inc., and Everwell Health RX, Inc. is not responsible for the content or operation of any linked site. Links are provided solely for your convenience, and the presence of a link does not imply that Everwell Health RX, Inc. endorses, sponsors, or is affiliated with the linked site in any way. Your use of any third-party website is entirely at your own risk and is governed by the terms and conditions of that site; these Terms and Conditions do not apply to other websites. Everwell Health RX, Inc. disclaims all liability for any information or content found on linked sites, including but not limited to medical or health-related information.
Terms of Sale
All products offered for sale by Everwell Health RX, Inc. are subject to availability, and we reserve the right to impose quantity limits on any order or to reject any order, in whole or in part, without prior notice. If an error occurs, we may correct the error and update your order accordingly, including charging the correct price, or we may cancel the order and issue a refund for any amount already paid. Product prices may change at any time; however, such changes will not affect orders that have already been placed. You are responsible for all applicable sales, use, customs, duties, and other governmental taxes or fees associated with your purchase of products or services through the Service. Everwell Health RX, Inc. will collect applicable taxes when we determine we are required to do so. An estimated amount of taxes will be displayed at checkout unless a price is clearly stated to include taxes. The actual amount charged may vary due to differences in processor calculations or changes in tax rates. Everwell Health RX, Inc. does not collect taxes in all jurisdictions, and if we do not collect them, you may be responsible for reporting and paying such taxes directly.
Only payment methods accepted by Everwell Health RX, Inc. may be used to complete a purchase through the Service. You represent and warrant that you are authorized to use the payment method you provide. You authorize Everwell Health RX, Inc. to charge your designated payment method for the full amount of your order, including any applicable taxes and shipping or handling charges. If any items in your order are unavailable, we will charge only for the items that are shipped, along with applicable taxes and fees. In completing a purchase, you may be required to provide information relevant to the transaction, including your credit or debit card number, expiration date, billing address, shipping address, phone number, and email address. By submitting this information, you grant Everwell Health RX, Inc. the right to share such information with third parties, including payment processors, as necessary to complete and service the transaction.
All credit card, debit card, and payment transactions on the Platform are processed through third-party payment processing services used by Everwell Health RX, Inc.. Information about the payment processor, including its privacy practices and security measures, may be made available upon request. References to such policies are for informational purposes only and are not incorporated into these Terms. Everwell Health RX, Inc.'s relationship with any payment processor is strictly contractual, and such processors are independent third parties, not agents, partners, joint venturers, or affiliates of Everwell Health RX, Inc..
You agree to pay any shipping and handling charges displayed at the time of purchase. Everwell Health RX, Inc. may modify shipping and handling charges from time to time, but any changes applicable to you will be disclosed before you complete your purchase. Delivery dates and times shown during checkout are estimates only and are not guaranteed. Unless otherwise stated in writing, the risk of loss or damage to a product passes to you once the product is delivered to the carrier.
Everwell Health RX, Inc. reserves the right to address customer concerns and issues on a case-by-case basis. Resolution of any matter is determined at our sole discretion, based on the specific facts and circumstances of the User's situation.
Refund Policy
Prescription Order Cancellation:
Customers may request cancellation of a prescription order within 24 hours of placing the initial order, provided the order has not yet been received by our provider network. To request a cancellation, contact our customer support team at [email protected]. After the 24-hour period, prescription orders cannot be canceled due to the nature of the products. You may cancel your subscription at any time; however, no refunds will be issued for medication that has already been dispensed or delivered.
Refund Policy:
Because prescription products are personal, regulated, and cannot be reused, we do not accept returns or exchanges. Refunds will only be issued in the following situations:
- An incorrect prescription medication was sent.
- The product was damaged upon delivery.
- The product does not meet required safety standards.
- The order has not yet shipped.
- The prescribing Provider declines to issue a prescription.
Replacement:
If you believe you received the wrong item or a damaged product, contact customer support within 48 hours of delivery and provide your order number and a detailed description of the issue. We may request photographs of the product to document and resolve the issue. If a package is marked as delivered but not received, you must first open a claim with the carrier using your tracking number. Any returned prescription medication will be subject to a $35 disposal fee, as required for safe pharmaceutical disposal.
Prescription Verification:
All prescriptions are subject to verification by licensed pharmacists. If a prescription cannot be verified or is determined to be invalid, the order will be canceled and a full refund will be issued.
Customer Responsibility:
Customers are responsible for ensuring that all prescription details and required information are accurate and complete at the time of ordering.
Contact Information:
For questions about this refund and cancellation policy, contact us at [email protected].
Termination
Everwell Health RX, Inc. may terminate your access to the Service, or to any feature or component of the Service, at any time and for any reason without prior notice. This may include termination based on conduct that violates this Agreement, termination resulting from the expiration or cessation of our agreements with Medical Groups or Pharmacies, or termination due to the discontinuation of the Service. All provisions of this Agreement relating to Service security, prohibited activities, intellectual property, user submissions, disclaimers, limitations of liability, dispute resolution, arbitration, indemnification, and jurisdiction shall remain in effect even after any termination of your access to the Service or termination of your relationship with Everwell Health RX, Inc.. If your access to the Service is terminated, you agree not to attempt to access or use the Service under any name, real or assumed. You further agree that if you violate this restriction following termination, you will indemnify and hold the Everwell Health RX, Inc. Parties harmless from any liability they may incur as a result of your continued or attempted use of the Service.
Except as provided in the Privacy Policy or as required by applicable law, including obligations related to access to health records, Everwell Health RX, Inc. has no obligation, either before or after the termination of your access to the Service, to return or provide to you or to any third party any Content, any information you have provided to us, any information provided by your Providers about you, or any other data in our possession that relates to you.
Disclaimers
Content and information provided through the Service is made available by Everwell Health RX, Inc. for general convenience. The Service may at times contain inadvertent errors, inaccuracies, or materials that do not fully comply with this Agreement. Information presented as of a specific date is only accurate as of that date, and Everwell Health RX, Inc. has no obligation to update such information. There is also a possibility that third parties could make unauthorized changes to the content or features of the Service. While Everwell Health RX, Inc. makes reasonable efforts to maintain the accuracy and integrity of the Service, we do not guarantee that the Service or its content is complete, accurate, or free from unauthorized alterations. Any reliance on information or content available through the Service is at the user's own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR ACCESS TO AND USE OF THE SERVICE IS VOLUNTARY AND AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MIRABEL MEDS, INC. AND ALL THIRD PARTIES PROVIDING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING MEDICAL GROUPS, PROVIDERS, AND PHARMACIES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY QUALITY WITH RESPECT TO THE SERVICE AND ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIALS PROVIDED THROUGH THE SERVICE OR PLATFORM. MIRABEL MEDS, INC. DOES NOT WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, TIMELY, OR USEFUL, NOR DO WE WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR DEFECTS, INCLUDING DELAYS, ERRORS, SECURITY INCIDENTS, VIRUSES, MALWARE, CYBER ATTACKS, OR OTHER HARMFUL EVENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIRABEL MEDS, INC. AND ALL THIRD PARTIES THAT OFFER PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, PROVIDERS, AND PHARMACIES, SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR ANY OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE, OR ANY SERVICES PERFORMED BY A MEDICAL GROUP OR PROVIDER. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MIRABEL MEDS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE MIRABEL MEDS, INC. PARTIES, IF ANY, SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR, NOT TO EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, THE SERVICE, OR ANY CONTENT MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED, OR SUCH CLAIM SHALL BE PERMANENTLY BARRED. BY USING THE PLATFORM, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION RELATING TO ANY LOSSES OR DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT SUCH LIMITATIONS ARE NOT PERMITTED, THE SCOPE OF THE DISCLAIMER OR LIMITATION SHALL BE APPLIED TO THE MINIMUM EXTENT ALLOWED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Everwell Health RX, Inc. Parties, as well as any third party offering products or services through the Service, including the Medical Groups, Providers, and Pharmacies, from and against any and all claims, actions, proceedings, damages, judgments, losses, liabilities, costs, and expenses (including attorneys' fees and litigation costs) that arise out of or relate to your use of the Service, your fraud, your violation of any law, your willful misconduct, your breach of these Terms and Conditions, or your infringement of the rights of any other person or entity. Everwell Health RX, Inc. reserves the right to assume the defense and control of any matter for which we are entitled to indemnification, and you agree to cooperate with us as reasonably requested in the defense of such claims.
Notices
Any notices from Everwell Health RX, Inc. to you regarding the Service or this Agreement may be provided by email, by posting a notice within the Service, or by regular mail, at Everwell Health RX, Inc.'s sole discretion.
Copyright
It is the policy of Everwell Health RX, Inc. to terminate, in appropriate circumstances, the account or access privileges of any user who repeatedly infringes the copyrights of others upon receiving proper notification from the copyright owner or the owner's authorized agent. If you believe that your work has been copied and made available on the Service in a way that constitutes copyright infringement, you must provide Everwell Health RX, Inc. with a notice containing the following information: (1) your physical or electronic signature, or that of the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the allegedly infringing material is located on the Service; (4) your mailing address, telephone number, and email address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices of claimed copyright infringement should be sent to Everwell Health RX, Inc.'s designated copyright agent at: [email protected]
Entire Agreement
This Agreement, together with any other agreements posted on the Service or executed between you and Everwell Health RX, Inc. from time to time, constitutes the entire agreement between you and Everwell Health RX, Inc. regarding your use of the Service and supersedes all prior agreements or understandings between you and Everwell Health RX, Inc. relating to the Service, including any previous versions of this Agreement.
Binding Arbitration / Class Waiver
YOU AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND MIRABEL MEDS, INC., ANY MIRABEL MEDS, INC. PARTY, OR ANY MEDICAL GROUP, PROVIDER, OR PHARMACY ASSOCIATED WITH THE SERVICE—ARISING OUT OF OR IN ANY WAY RELATED TO MIRABEL MEDS, INC., THE PLATFORM, THE CONTENT, THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR ADVERTISING PROVIDED BY MIRABEL MEDS, INC. (COLLECTIVELY, “DISPUTES”)—WILL BE RESOLVED EXCLUSIVELY THROUGH CONFIDENTIAL, BINDING ARBITRATION BEFORE A SINGLE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THIS REQUIREMENT APPLIES TO ANY DISPUTE INVOLVING THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS ARBITRATION AGREEMENT. BY ACCEPTING THESE TERMS, YOU KNOWINGLY WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO LITIGATE IN COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. THE ARBITRATION WILL BE ADMINISTERED BY THE AAA UNDER ITS COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DETERMINES THEY APPLY, THE SUPPLEMENTARY RULES FOR CONSUMER-RELATED DISPUTES. ARBITRATION IS LESS FORMAL THAN COURT PROCEEDINGS AND THE ARBITRATOR MAY AWARD THE SAME INDIVIDUAL RELIEF A COURT COULD AWARD. THE ARBITRATION WILL TAKE PLACE IN Wilmington, Delaware, UNLESS YOU LIVE MORE THAN 100 MILES FROM Wilmington, Delaware, IN WHICH CASE THE ARBITRATION MAY OCCUR WITHIN 100 MILES OF YOUR RESIDENCE, UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. PAYMENT OF ARBITRATION FEES WILL FOLLOW THE AAA FEE SCHEDULE UNLESS YOU DEMONSTRATE THAT THE COSTS WOULD BE PROHIBITIVE COMPARED TO LITIGATION, IN WHICH CASE MIRABEL MEDS, INC. WILL PAY THE PORTION NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE. MIRABEL MEDS, INC. MAY ALSO, AT ITS DISCRETION, COVER ALL ARBITRATION FEES. EACH PARTY IS RESPONSIBLE FOR ITS OWN ATTORNEYS' FEES UNLESS APPLICABLE LAW REQUIRES OTHERWISE. INFORMATION ABOUT AAA PROCEDURES AND HOW TO INITIATE ARBITRATION IS AVAILABLE AT WWW.ADR.ORG OR BY CALLING 800-778-7879.
NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING CLAIMS RELATING TO THE PROTECTION OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, CLAIMS INVOLVING ALLEGATIONS OF UNAUTHORIZED ACCESS, THEFT, OR VIOLATIONS OF THE COMPUTER FRAUD AND ABUSE ACT, OR CLAIMS SEEKING URGENT INJUNCTIVE OR EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT LOCATED IN Delaware, AND BOTH PARTIES CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THESE PURPOSES. EITHER PARTY MAY ALSO BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF IT QUALIFIES AND IF IT PROCEEDS ONLY ON AN INDIVIDUAL BASIS.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU MAY NOT PARTICIPATE IN OR BRING A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. CLAIMS OF MULTIPLE USERS MAY NOT BE JOINED IN A SINGLE ARBITRATION AND NO ARBITRATION MAY BE CONSOLIDATED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO REVOLVE YOUR INDIVIDUAL CLAIM. IF ANY COURT DETERMINES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY PART OF THIS CLASS ACTION WAIVER WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM MAY BE SEVERED AND BROUGHT ONLY IN A COURT LOCATED IN Delaware, AND ALL REMAINING CLAIMS SHALL CONTINUE IN ARBITRATION. ANY SEVERED CLAIM SHALL BE STAYED PENDING COMPLETION OF THE ARBITRATION OF REMAINING CLAIMS.
YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS OF FIRST ACCEPTING ANY VERSION OF THESE TERMS THAT CONTAINS THIS ARBITRATION PROVISION. TO OPT OUT, YOU MUST SEND YOUR NAME, MAILING ADDRESS, EMAIL ADDRESS, AND A CLEAR STATEMENT THAT YOU ARE OPTING OUT OF ARBITRATION TO: Everwell Health RX, Inc., [email protected], ATTN: ARBITRATION OPT-OUT. OPTING OUT DOES NOT AFFECT ANY OTHER PART OF THESE TERMS.
BEFORE INITIATING ARBITRATION, YOU MUST SEND MIRABEL MEDS, INC. A WRITTEN NOTICE OF DISPUTE INCLUDING YOUR NAME, MAILING ADDRESS, EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT, A DESCRIPTION OF THE DISPUTE, AND THE RELIEF YOU ARE SEEKING. SEND THIS NOTICE TO: Everwell Health RX, Inc., [email protected], ATTN: DISPUTE NOTICE. Everwell Health RX, Inc. WILL SEND ANY NOTICE OF DISPUTE TO YOUR EMAIL OR ADDRESS ON FILE. IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN 30 DAYS OF RECEIVING THE NOTICE, EITHER PARTY MAY INITIATE ARBITRATION. IF MIRABEL MEDS, INC. MAKES ANY FUTURE MATERIAL CHANGE TO THIS ARBITRATION AGREEMENT, THAT CHANGE WILL NOT APPLY TO ANY DISPUTE FOR WHICH A NOTICE OF DISPUTE HAS ALREADY BEEN SUBMITTED. IF YOU WISH TO REJECT A FUTURE MATERIAL CHANGE TO THE ARBITRATION TERMS, YOU MUST SEND WRITTEN NOTICE OF REJECTION TO THE ARBITRATION OPT-OUT ADDRESS WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE CHANGE.
Governing Law; Venue; Severability of Provisions
This Service is operated by Everwell Health RX, Inc. from within the United States. If you choose to access the Service from a location outside the United States, you do so on your own initiative and are solely responsible for complying with any applicable local laws. Access to the Service from jurisdictions where use of the Service or any of its content is unlawful is strictly prohibited.
The interpretation, validity, and enforcement of this Agreement are governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to Delaware's conflict-of-law rules. These laws apply to the fullest extent permitted by applicable regulations.
Each part of this Agreement applies to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement does not waive our right to enforce that provision or any other provision at a later time. If any provision of this Agreement is held unenforceable, that provision will be replaced with a valid term that most closely reflects its original intent, to the extent permitted by law. All remaining provisions will remain in full force and effect. Section titles are provided for convenience and do not affect the meaning or interpretation of this Agreement.
No Agency Relationship
Nothing in this Agreement, nor any content, materials, or features made available through the Service, creates a partnership, joint venture, employment relationship, or agency relationship between you and Everwell Health RX, Inc., any associated Medical Group, any Provider, or any Pharmacy. You have no authority to act on behalf of Everwell Health RX, Inc. or to bind Everwell Health RX, Inc. in any manner, and no such authority is granted or implied by your use of the Service.
Assignment
You may not assign or transfer any of your rights or obligations under this Agreement, and any attempt to do so is void. Everwell Health RX, Inc. may, in its sole discretion and without additional notice or consent, assign or transfer its rights and obligations under this Agreement to any of its affiliates or to any third party in connection with a merger, acquisition, corporate restructuring, sale of assets, or other business transaction involving Everwell Health RX, Inc..
Third Party Beneficiaries
Any third-party software, products, or services that you access or use in connection with the Service are governed by the applicable third party's own license terms or terms of use, not by this Agreement. Your use of the Service must comply with all such third-party terms in addition to the requirements of this Agreement.
Except as expressly stated in this Agreement—such as the indemnification protections provided to the Everwell Health RX, Inc. Parties and the rights granted to Medical Groups, Providers, and Pharmacies in connection with arbitration—this Agreement does not create, and is not intended to create, any third-party beneficiary rights. No individual or entity other than you and Everwell Health RX, Inc. may enforce any provision of this Agreement or claim any benefit arising from it, unless specifically provided otherwise.
Contacting Us
If you have any questions or concerns regarding this Agreement, you may contact us at [email protected] or by mail at Everwell Health RX, Inc., 500 S. Australian Ave, Suite 600, 1069 West Palm Beach, FLORIDA, 33401. We will make reasonable efforts to review and respond to your inquiry in a timely manner.
