Terms of Service

1. Acceptance of Terms

By accessing or using the Elevated Health RX website, mobile application, or any services provided by Elevated Health RX, LLC ("Elevated," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

These Terms constitute a legally binding agreement between you and Elevated Health RX, LLC. Your continued use of our platform, including browsing, creating an account, completing a health questionnaire, purchasing products, or communicating with healthcare providers through our platform, constitutes your acceptance of these Terms as they may be updated from time to time.

We may update these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date above. Your continued use of our services after such changes constitutes your acceptance of the revised Terms.

2. Medical Emergency Warning

3. Your Relationship With Us

Elevated Health RX operates a technology platform that connects patients with independent, licensed healthcare providers and affiliated medical groups ("Providers"). It is important that you understand the following about our role:

• Elevated is a platform and management services organization. We provide the technology, administrative support, and logistics that enable you to access telehealth consultations and receive prescription products.
• Independent medical groups and licensed Providers make all clinical decisions. All prescribing decisions, diagnoses, and treatment recommendations are made solely by licensed healthcare Providers exercising their independent medical judgment. Elevated does not practice medicine and does not interfere with or direct the clinical decisions of any Provider.
• Your doctor-patient relationship is with your Provider, not with Elevated. By using our platform, you may establish a doctor-patient relationship with the Provider who evaluates and treats you. Elevated is not a party to that relationship.
• No guarantee of prescription. Completing a health questionnaire or consultation does not guarantee that a Provider will prescribe any medication. Providers may determine that treatment is not appropriate for you based on your medical history, health information, or clinical judgment.

4. Notice Regarding Financial Responsibility

Elevated Health RX does not accept insurance and is not enrolled as a provider with any health insurance plan, including Medicare or Medicaid.

You are solely responsible for all costs associated with using our services, including consultation fees, medication costs, and shipping charges. While you may choose to submit receipts to your insurance company or health savings account (HSA) or flexible spending account (FSA) for potential reimbursement, Elevated makes no representations regarding reimbursement eligibility and does not submit claims on your behalf.

All prices are displayed in U.S. dollars. You agree to pay all charges incurred through your account at the prices in effect when such charges are incurred.

5. Subscription Products and Services

Certain products and services offered through Elevated are provided on a subscription basis ("Subscription"). By enrolling in a Subscription, you agree to the following:

• Recurring billing. You authorize us to charge your payment method on a recurring basis at the intervals specified at the time of purchase (e.g., monthly, quarterly) until you cancel. Each renewal will be at the then-current price unless we notify you of a price change in advance.
• Automatic renewal. Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. We will attempt to charge your payment method on file; if the charge fails, we may retry or suspend your subscription.
• Cancellation. You may cancel your Subscription at any time by contacting our support team at support@elevatedhealthrx.com or by calling (844) 357-3601. Cancellation takes effect at the end of the current billing period. You will continue to have access to your subscription benefits through the end of the period you have already paid for. No refunds are issued for partial billing periods.
• Pausing. We may offer the ability to pause your Subscription. Pausing delays your next shipment and billing cycle. Details will be provided at the time of the pause request.
• Provider review. Subscription renewals for prescription products are subject to periodic review by your Provider. Your Provider may require updated health information before authorizing a renewal.

6. Prescription Products

If your Provider determines that a prescription medication is appropriate for you, the following terms apply:

• Valid prescription required. All prescription products dispensed through our platform require a valid prescription from a licensed healthcare Provider. We do not sell prescription medications without a prescription.
• Compounded medications. Some medications offered through our platform are compounded by FDA-registered 503A outsourcing facilities or state-licensed compounding pharmacies. Compounded medications are not FDA-approved, but they are prepared in compliance with applicable federal and state regulations. Compounded medications may differ in appearance, flavor, or form from commercially manufactured products.
• Third-party pharmacies. Prescription medications are dispensed by independent, licensed pharmacies. Elevated does not dispense medications directly. The pharmacy is responsible for the preparation, labeling, and dispensing of your medication in accordance with applicable law.
• Packaging notice. Some medications may be shipped in packaging that is not child-resistant. You are responsible for storing all medications safely and keeping them out of reach of children and pets.
• Not for resale. Products purchased through Elevated are for your personal use only. You may not resell, redistribute, or transfer any prescription medication obtained through our platform.
• Adverse reactions. If you experience any adverse reactions or side effects from a medication, contact your Provider or seek medical attention immediately. You may also report adverse events to the FDA MedWatch program.

7. Eligibility and Account

To use our services, you must meet the following requirements:

• Age. You must be at least 18 years of age.
• Location. You must be located within the United States and in a state where our services are available. Our services are not available to individuals outside the United States.
• Accurate information. You agree to provide accurate, current, and complete information during registration and in all health questionnaires. Providing false, misleading, or incomplete health information may result in inappropriate treatment and could endanger your health. You agree to update your information promptly if it changes.
• Account security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@elevatedhealthrx.com if you suspect unauthorized access to your account.
• One account per person. Each individual may maintain only one account. We reserve the right to terminate duplicate accounts.

8. Privacy Policy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, store, and share your personal information. By using our services, you acknowledge that you have read and understand our Privacy Policy, and you consent to the data practices described therein.

Our Privacy Policy is incorporated into and made a part of these Terms. In the event of a conflict between these Terms and the Privacy Policy regarding the treatment of your personal information, the Privacy Policy shall control.

9. Protected Health Information

Certain health information you provide through our platform may be considered Protected Health Information ("PHI") under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations.

Your PHI is handled in accordance with applicable federal and state health privacy laws. The healthcare Providers and medical groups that deliver care through our platform maintain their own Notice of Privacy Practices, which describes how your PHI may be used and disclosed. You may request a copy of the applicable Notice of Privacy Practices by contacting us at legal@elevatedhealthrx.com.

Please note that certain information you provide through our platform (such as account registration information or general website usage data) may not constitute PHI and may be governed by our Privacy Policy rather than HIPAA.

10. Use and Ownership / Intellectual Property

All content on the Elevated Health RX platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and arrangement thereof (collectively, "Content"), is the property of Elevated Health RX, LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Elevated Health RX name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Elevated Health RX, LLC. You may not use such marks without our prior written permission.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our platform for your personal, non-commercial use, subject to these Terms. This license does not include the right to modify, reproduce, distribute, create derivative works of, publicly display, or publicly perform any Content without our prior written consent.

11. Prohibited Use

You agree not to use our platform or services for any purpose that is unlawful or prohibited by these Terms. Without limiting the foregoing, you agree not to:

• Use the platform for any illegal purpose or in violation of any local, state, national, or international law or regulation.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity.
• Provide false, inaccurate, or misleading health information in any questionnaire, consultation, or communication.
• Interfere with, disrupt, or attempt to gain unauthorized access to our platform, servers, networks, or any connected systems.
• Use any automated means, including bots, scrapers, crawlers, or spiders, to access, monitor, or copy any content from our platform without our prior written consent.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of our software or technology.
• Transmit any viruses, worms, malware, or other harmful or disruptive code.
• Harvest, collect, or store personal information about other users.
• Use our platform to advertise, solicit, or promote any third-party products or services.
• Attempt to obtain prescription medications for any person other than yourself.
• Resell, redistribute, or transfer any products or services obtained through our platform.

We reserve the right to terminate your account and access to our services, without notice or refund, if we determine, in our sole discretion, that you have violated any of these prohibitions.

12. Third-Party Services

Our platform integrates with and relies upon various third-party service providers to deliver our services, including but not limited to:

• Independent medical groups and healthcare Providers who provide telehealth consultations and make prescribing decisions.
• Licensed pharmacies and compounding facilities that dispense and ship your medications.
• Laboratory services that may process any required lab work.
• Payment processors that handle your financial transactions.
• Shipping carriers that deliver your orders.

These third parties are independent entities and are not agents, employees, or affiliates of Elevated. Each third-party provider is responsible for its own services, and their respective terms of service and privacy policies may apply to your interactions with them. Elevated is not liable for the acts or omissions of any third-party service provider.

13. Terms of Sale

The following terms govern your purchases through our platform:

• Availability. All products and services are subject to availability. We reserve the right to discontinue any product or service at any time without notice. Temporary supply disruptions may affect fulfillment timelines.
• Pricing. Prices for products and services are listed on our platform and are subject to change without prior notice. We make reasonable efforts to ensure pricing accuracy, but errors may occur. If we discover a pricing error after you have placed an order, we will notify you and give you the option to proceed at the correct price or cancel your order.
• Payment. We accept payment via major credit cards, debit cards, and other payment methods as indicated on our platform. All payments are processed securely through Stripe, our third-party payment processor. By providing your payment information, you authorize us to charge the applicable fees to your payment method.
• Taxes. You are responsible for any applicable sales tax, use tax, or other taxes or duties associated with your purchase, as required by law.
• Shipping. Prescription products are shipped via standard carriers to the address you provide. Shipping times vary depending on your location, pharmacy processing times, and carrier schedules. We are not responsible for delays caused by carriers, weather, or other circumstances beyond our control. You are responsible for ensuring that someone is available to receive temperature-sensitive medications if applicable.
• Order confirmation. An order confirmation email does not constitute acceptance of your order. We reserve the right to cancel or refuse any order for any reason, including product unavailability, pricing errors, or suspected fraud.

14. Refund Policy

Our full Refund Policy is available at Refund Policy and is incorporated into these Terms by reference.

In general, refund requests are evaluated on a case-by-case basis. Due to the nature of prescription medications and applicable safety regulations, shipped medications are generally non-refundable. Consultation fees may be refunded if your Provider determines that treatment is not appropriate for you. Please review our full Refund Policy for complete details.

15. Disclaimers

THE ELEVATED HEALTH RX PLATFORM, CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELEVATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Elevated does not warrant that:

• Our platform will be uninterrupted, timely, secure, or error-free.
• The results obtained from using our services will be accurate, reliable, or meet your expectations.
• Any errors or defects in the platform will be corrected.
• Any particular medication or treatment will be effective for your condition.

Our services are not a substitute for emergency medical care. If you are experiencing a medical emergency, call 911 immediately. Our platform is designed for non-emergency telehealth consultations and is not equipped to handle urgent or life-threatening conditions.

Any health information or content provided on our platform is for informational purposes only and should not be considered medical advice. Always consult with a qualified healthcare Provider regarding any questions about your health or treatment options.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEVATED HEALTH RX, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ELEVATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEVATED'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO ELEVATED DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.

17. Indemnification

You agree to indemnify, defend, and hold harmless Elevated Health RX, LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to our platform or services.
• Your violation of these Terms or any applicable law or regulation.
• Your provision of false, inaccurate, or misleading information, including health information.
• Your infringement or misappropriation of any intellectual property or other rights of any third party.
• Any dispute between you and a third-party Provider, pharmacy, or other service provider.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

18. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Agreement to Arbitrate

You and Elevated Health RX, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, our services, or any products purchased through our platform (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring qualifying claims in small claims court if the claim falls within that court's jurisdiction.

Arbitration Rules and Forum

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. If the AAA is unavailable, the parties shall mutually agree on an alternative arbitration forum. The arbitration shall be conducted by a single, neutral arbitrator.

Arbitration Location and Procedure

Unless you and Elevated agree otherwise, the arbitration shall take place in Miami-Dade County, Florida, or may be conducted remotely via telephone or video conference at your election. The arbitrator shall apply Florida substantive law. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

Arbitration Fees

For claims of $10,000 or less, Elevated will reimburse your arbitration filing fees and pay the arbitrator's fees and expenses. For claims exceeding $10,000, filing fees and arbitrator's fees shall be allocated in accordance with the AAA Consumer Arbitration Rules.

Class Action and Jury Trial Waiver

YOU AND ELEVATED AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

Batch Arbitration

If 25 or more similar arbitration demands are filed against Elevated within a 90-day period, they shall be grouped into batches of no more than 50 claims each. Each batch will be assigned to a single arbitrator and resolved in a single consolidated proceeding. This provision is intended to promote the efficient resolution of similar claims while preserving individual arbitration.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@elevatedhealthrx.com within 30 days of first accepting these Terms. Your opt-out notice must include your full name, mailing address, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue claims against Elevated in court, but the class action waiver above shall still apply to the fullest extent permitted by law.

Severability

If any portion of this arbitration agreement is found to be unenforceable or unlawful, the unenforceable provision shall be severed, and the remaining arbitration terms shall continue in full force and effect.

19. Governing Law

These Terms and any Dispute arising out of or related to these Terms or our services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. To the extent that litigation is permitted under these Terms (e.g., if you have opted out of arbitration or if arbitration is found unenforceable), you agree to submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

20. Termination

We may suspend or terminate your account and access to our services at any time, with or without cause, and with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to:

• Violation of these Terms or any applicable law.
• Providing false or misleading information.
• Engaging in fraudulent, abusive, or harmful conduct.
• Failure to pay for services or products.
• At the request of law enforcement or a governmental agency.

You may terminate your account at any time by contacting us at support@elevatedhealthrx.com. Upon termination, your right to use our services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 10, 15, 16, 17, 18, and 19.

Termination of your account does not relieve you of any obligation to pay for products or services already ordered or received.

21. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and may provide additional notice, such as sending you an email or displaying a prominent notice on our platform.

Your continued use of our services after the posting of revised Terms constitutes your acceptance of and agreement to the changes. If you do not agree to the revised Terms, you must stop using our services and may request account termination.

We encourage you to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

22. Contact Us

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

For customer support inquiries (billing, subscriptions, orders), please contact support@elevatedhealthrx.com.