Clicking “I Agree,” signifies your acceptance of the Terms Of Use. It also acknowledges that you have read, accepted, and agreed to be bound by this Agreement. If you do not agree to these Terms of Use, do not create a customer or Brand Partner account or use the ellieMD Website. You hereby grant authority to any party who clicks on the “I Agree” button or otherwise indicates acceptance of these Terms of Use on your behalf. 

If you have a medical emergency, seek in-person emergency care immediately or dial 911. The Website is not appropriate for all medical conditions or concerns. This Agreement is subject to change as provided herein.

Introduction

This website, www.elliemd.com, any mobile application or platform connected or associated with this website, and any information stored therein as well as any products and services offered through any of the foregoing (collectively, “Website”), are owned and operated by EllieMD, LLC (the “Company”, “we”, “us,” or “our”). 

The Website provides information, education, and other services and products to a user of the Website (“you” or “Customer”). If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these Terms of Use before you use our Website or provide any information to us; in such case, “you” or “Customer” includes (i) the parent or legal guardian who provides consent to the use of the Website by such minor or uses our service and products on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the services or products are being utilized. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use. 

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

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

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

By providing your mobile number, you are agreeing to be contacted by or on behalf of EllieMD at the mobile number you have provided. Message and data rates may apply. Message frequency varies. To stop receiving text messages, text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify the services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.

EllieMD or your Provider may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the products and services, and to help us improve the Platform. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

Underage: The Website is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using all or any part of the Website or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Website or this Agreement. Please contact us at support@elliemd.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Website without your consent.

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

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

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

Subscriptions Prescriptions and Services: All services available for purchase through EllieMD are offered on an automatically renewing subscription basis. Your payment method will be charged automatically at regular intervals as described for that service during the checkout process until you cancel your subscription plan. (See Cancelation Policy listed on the ellieMD website.) We do not offer refunds for partially used subscription periods. 

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

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

Collections: If a customer account is past due, EllieMD will send a written notice via email. If the account remains past 60 days the account will be handed over to a collection agency. Any additional fees imposed by the collection agency will be the customer’s responsibility and will be added to the defaulted amount.

Child-resistant Packaging: Please take caution when storing and using the medication. Prescriptions filled by Pharmacies may not use child-resistant packaging or in child-resistant containers. 

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

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

Protected Health Information: When you set up an account with EllieMD, you are creating a direct customer relationship with EllieMD that enables you to access and utilize the various functions of the Website as a user. As part of that relationship, you provide information to EllieMD, including but not limited to your name, email address, shipping address, and phone number, to use and disclose by our Privacy Policy. 

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

The Providers have adopted a Telehealth Consent that describes how they use and disclose Protected Information. By accessing or using any part of the Website, you are acknowledging receipt of the Notice of Privacy Practices. By using the Website, you are agreeing that even if HIPAA does apply to EllieMD, the Providers, or the Pharmacies, any information that you submit to EllieMD that is not intended and used solely for the provision of diagnosis and treatment by the Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

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

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

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

All credit card, debit card, and other monetary transactions on or through the Website occur through an online payment processing application(s) accessible through the Website. This online payment processing application(s) is provided by EllieMD’s third-party online payment processing vendor. 

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

Customer Privacy: By using the Website, you are entering into a direct customer relationship with EllieMD to use the Website,  including the purchase of services and products sold directly to you by EllieMD via the Website. In connection with such a relationship, you may provide to us, or cause to be provided to us on your behalf, Personal Information, including health information. We will not share, rent, or sell your Personal Information to other companies or individuals, unless we have your consent. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Please review the Company’s Privacy Policy carefully. This describes how Personal Information about you may be used and disclosed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By such waiver, if you are a Delaware resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of Delaware, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No Agency Relationship: Neither this Agreement, nor any Content, materials, or features of the Website create any partnership, joint venture, employment, or other agency relationship between you and EllieMD, the Providers, or the Pharmacies. You may not enter any contract on our behalf or bind us in any way.

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

Contacting Us: If you have any questions concerning this Agreement, you can email those concerns to EllieMD at Support@elliemd.com. We will attempt to respond to your questions or concerns promptly after we receive them. To obtain help with your account or purchase please contact us at Support@elliemd.com or +1 -888-588-5175 Monday thru Friday 9am to 5pm PST.