Introduction

This Agreement governs your access to and use of the services provided by Elevate Health and Wellness LLC and its affiliates (“Company,” “we,” “us,” or “our”) through our website located at www.joinelevate.com (the “Site”). By using our services, you agree to these terms and our Privacy Policy.

1. Data Collection

a. We may collect several types of information from and about users of our Site, including:

Personal data, such as names, addresses, email addresses, phone numbers.

Medical data related to your condition, medical history, prescriptions, including protected health information (“PHI”).

Results of any questionnaires, surveys, information requests, interviews, or other documentary, text, video, or audio interactions related to the provision of health services.

Usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Any other information you might provide to us directly.

b. The data may be collected directly or through third-party services, including MDIntegrations.

2. Use of Your Information

a. We use information collected to:

Present our Site and its contents to you.

Provide you with information, products, or services, including health services.

Respond to inquiries and provide customer support.

For any other purpose with your consent.

b. We will not sell, rent, or lease your personal data to third parties.

3. Disclosure of Your Information

a. We may share your data with:

Our subsidiaries and affiliates.

Contractors and service providers bound by confidentiality agreements.

Medical professionals and institutions for the purpose of facilitating health services.

A buyer or successor in the event of a merger or acquisition.

b. We may also disclose your information for legal reasons or to protect our assets and users.

4. Data Security

We have implemented security measures to protect your information, especially your medical data. While we strive to protect your data, we cannot guarantee absolute security.

5. Changes to Our Privacy Policy

Any changes to this Privacy Policy will be posted on this Site. The date of the last revision will be stated at the top.

6. Indemnification

a. You agree to indemnify, defend, and hold harmless Elevate Health and Wellness LLC, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.

b. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification. In such cases, you will provide us with such cooperation as we reasonably request.

c. FOR RESIDENTS OF CALIFORNIA, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH ASSERTS: “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.”

7. Jurisdiction and Dispute Resolution

Notice of Dispute: Before you initiate any legal proceedings against Elevate Health and Wellness LLC regarding a Dispute, you are obligated to send us a detailed written Notice of Dispute. This notice must contain:

Your full legal name.

Your residence address.

Your username, if applicable.

The email address linked to your User account, if applicable.

A comprehensive description of the Dispute.

The specific resolution you are seeking.

Similarly, if Elevate Health and Wellness LLC intends to initiate legal proceedings against you, we will first provide you with a written Notice of Dispute, outlining the nature of the disagreement and the relief we are seeking.

All Notices of Dispute should be addressed to:

CO: Elevate Health and Wellness LLC

442 5th Ave

Suite 2430

New York, NY 10018

Jurisdiction: If the parties are unable to amicably resolve the Dispute within thirty (30) days from the receipt of the Notice of Dispute, either party may then seek remedies exclusively through the courts. For such Disputes, both parties’ consent to the exclusive jurisdiction and venue in the state and federal courts located in the State of Delaware.

8. Consent to Data Processing

Where required by law, and before collecting or processing your personal data, we will seek your explicit consent. By using our services, you consent to the processing of your data as described in this policy. If you do not consent, you should not use our services.

9. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes described in this policy unless a longer retention period is required or permitted by law.

10. Third-Party Links

Our site may, from time to time, contain links to and from third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies, and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

11. Children’s Privacy

Our services are not intended for use by individuals under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we will take steps to remove such information.

12. Limitation of Liability

To the maximum extent permitted by law, Elevate Health and Wellness LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of, or inability to access or use, the services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

13. No Waiver

No failure or delay by Elevate Health and Wellness LLC in exercising any right under this Agreement shall constitute a waiver of that right.

14. Amendments to This Agreement

We may revise this Agreement from time to time. The most current version will always be on our website. If the revision, at our sole discretion, is deemed material, we will notify users. By continuing to access or use our services after revisions become effective, you agree to be bound by the revised terms.

15. User Content

You understand that all information, data, or content you submit to the Site is your sole responsibility. You agree to indemnify Elevate Health and Wellness LLC against all claims and liabilities resulting from your user content.

16. Data Breach Notification

In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

17. Subscription and Payment Structure

17.1 Subscription Products: Certain products available for purchase through the Service operate on a subscription basis. When you opt for such subscription-based products, the payment method you provide will be debited automatically at consistent intervals, as specified during the product’s checkout process.

17.2 Cancellation Policy: Orders can be cancelled by you at any time up to twenty-four (24) hours after paying as long as you have not initiated the process. Should you decide to cancel after beginning the assessment process, there will be a one hundred and fifty ($150) early cancellation fee. To cancel a subscription, you must send an email notification to support@joinelevate.com. It’s crucial to note that NO REFUNDS WILL BE ISSUED FOR ORDERS THAT HAVE ALREADY BEEN SENT TO THE FULFILLMENT PHARMACIES FOR PROCESSING.

17.3 Consolidated Pricing: To enhance user experience on the Platform, you’ll be presented with a singular “total” subscription price. If your chosen subscription product mandates a consultation with a Provider or incorporates a prescription product sourced from our partner Pharmacies, the total price charged will be inclusive of:

The fee charged by the Pharmacy for the prescription product,

The fee charged by the Medical Group for Provider services, and

Our charge for granting access and usability of the Platform.

17.4 Collection and Disbursement: We collect the dues on behalf of the Pharmacies and Medical Groups and forward the appropriate amounts to them as needed.

18. Prescription Product Policy

18.1 Prescription Requirement: Some products accessible via the Platform necessitate a valid prescription issued by an authorized healthcare professional. Acquiring such prescription products is conditional upon completing a consultation with one of the designated Providers available through the Platform. Only upon the Provider’s assessment and subsequent determination that the prescription product is suitable for you, will a prescription be written.

18.2 Prescription Dispensation: Should a Provider deem a prescription product fit for your needs and consequently writes a prescription for you, you hold the choice to:

Procure it via one of the partnered Pharmacies using the Platform, or

Procure the prescription at any other pharmacy of your preference. This choice can be indicated while availing the Service or by reaching out to support@joinelevate.com.

18.3 Fulfillment Pharmacy Details:

Elevate Health and Wellness LLC procures its prescription medicines from authorized 503a compounding pharmacies. The choice of compounding pharmacy typically hinges on the state of residence of the client. While we have our recommended list of compounding pharmacies, clients retain the liberty to opt for an alternative compounding pharmacy if they wish.

For inquiries regarding the specific pharmacy earmarked for fulfilling your prescription, you can engage with your clinician during the initial consultation. Alternatively, you may also connect with our customer support team by sending an email to support@joinelevate.com.

19. Consent to Use of Telehealth Services

19.1 Definition: Telehealth encompasses the provision of healthcare services utilizing electronic communications, information technology, or other mediums to bridge the gap between a healthcare provider and a patient who are geographically separated.

19.2 Benefits and Risks: Telehealth services, while offering a variety of potential advantages, are also associated with inherent risks. It’s imperative to recognize that these services do not serve as a universal replacement for face-to-face healthcare interactions.

19.3 Patient Consent: To access the Service, users are mandated to peruse and endorse an informed consent related to the utilization of telehealth, termed the “Patient Consent.” This document will be presented by the Medical Groups and Providers via the Platform. By using this Service, you acknowledge that Elevate Health and Wellness LLC reserves the third-party beneficiary status regarding the Patient Consent and is thereby entitled to enforce its stipulations against you.

19.4 Applicability Limitations: The Service might not always be the most suitable medium for certain medical deliberations, interactions, or treatments. Specific medical situations could necessitate in-person consultations, diagnostic procedures, or interventions by healthcare professionals other than your selected Provider. Should your Provider deduce that your medical condition demands a direct, face-to-face interaction, or deems the Service inadequate for your health needs, you will be notified of your ineligibility to use the Service for that specific concern and be informed about the subsequent steps to undertake.

19.5 Medical Advisory: ALWAYS CONSULT WITH YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROFESSIONAL PRIOR TO INITIATING, MODIFYING, OR CEASING ANY CLINICAL TREATMENT OR THERAPY. FOR CONCERNS REGARDING YOUR HEALTH, DIET, MEDICATION USAGE, OR MEDICAL EQUIPMENT, SEEK PROFESSIONAL ADVICE. THE SERVICE IS NOT INTENDED TO REPLACE CONSULTATIONS WITH YOUR PHYSICIAN OR HEALTHCARE PROVIDER. ANY MEDICAL INFORMATION OBTAINED FROM THE SERVICE SHOULD NOT DETER YOU FROM FOLLOWING YOUR HEALTHCARE PROVIDER’S ADVICE OR LEAD TO A DELAY IN SEEKING IT.

20. Digital Millennium Copyright Act (DMCA) Policy

20.1 Overview: The Digital Millennium Copyright Act of 1998 (“DMCA”) grants protection and recourse avenues to copyright proprietors who perceive that their rights, as delineated under the U.S. copyright legislation, are being infringed upon over the Internet.

20.2 Reporting Infringements: Should you genuinely believe that content presented on this Website violates your copyright, you or your authorized representative may forward a notice to us, advocating for the removal of such content or the restriction of access to it.

20.3 Counter-Notices: In scenarios where you hold an authentic belief that a copyright infringement notice has been erroneously directed against you, the DMCA empowers you to dispatch a counter-notice to us.

20.4 Compliance and Requirements: All notices and counter-notices must strictly adhere to the regulatory prerequisites set forth by the DMCA. Additional details can be sourced from the U.S. Copyright Office Website, presently accessible at http://www.loc.gov/copyright. Every Notification of Claimed Infringement must conform to Title 17, United States Code, Section 512(c)(3)(A). Such notifications ought to be systematically relayed in writing to support@joinelevate.com.

21. Electronic Communications

21.1 Scope: By accessing or employing the Service, or by sending emails or SMS messages to us or any affiliated Physicians, you are engaging in electronic communications with us and the said Physicians.

21.2 Risks: It is imperative to recognize that electronic communications inherently carry risks of unintentional information exposure to unauthorized third parties. These risks may escalate if due diligence isn’t exercised in verifying the identity of the recipient or sender. Users of our Service are strongly advised to exercise utmost caution to ensure they are communicating with the intended parties.

21.3 Consent to Electronic Communications: You expressly grant consent to receive communications from us and our affiliated Physicians through electronic means. Such communications may transpire via email, SMS messaging, or directly through our Service.

21.4 Legal Compliance: You acknowledge that any electronic communications we send to you, inclusive of agreements, disclosures, notices, or other correspondence, fulfill any and all legal prerequisites necessitating that such communications be made in written format.

21.5 Notice Reception: Any electronically conveyed notices from us are deemed effectively given and acknowledged upon the date of transmission, as outlined within this Agreement.

22. Prohibited Use

22.1 Restrictions: Users of the Service must refrain from:

a) Using the Service for unlawful, unauthorized, malicious, or fraudulent purposes.

b) Damaging, overburdening, impairing, or jeopardizing any server or related networks.

c) Disrupting other users’ enjoyment or access to the Service.

d) Unauthorized access attempts, be it via hacking, password mining, or other illicit means.

e) Accessing non-public data or information.

f) Obtaining materials or data not intentionally offered by Elevate Health and Wellness LLC.

g) Reverse engineering, disassembling, or decompiling any segment or technology of the Service.

h) Employing the Service for purposes other than its intended business function.

22.2 Conduct Limitations: Users must not:

a) Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, inappropriate, or potentially invasive of another’s privacy.

b) Impersonate any individual or entity or falsely misrepresent affiliations.

c) Breach any law, contract, or fiduciary duties (e.g., non-disclosure agreements).

d) Distribute harmful software like viruses, trojan horses, or spyware.

e) Remove or alter any rightful attributions, legal notifications, or proprietary labels.

f) Misuse communication features to the detriment of other users.

g) Share unsolicited promotional materials, spam, or engage in deceptive practices.

h) Violate any legal statutes.

i) Infringe upon any intellectual property rights.

j) Modify or delete content posted by other users.

k) Manipulate the Service’s display through framing or mirroring.

l) Probe or test the Service’s security measures.

m) Register or subscribe others without their explicit consent.

n) Harvest others’ data, including email addresses.

o) Employ automated tools to access, copy, or distribute Service content.

p) Aid or encourage any of the prohibited activities mentioned.

22.3 Enforcement: Elevate Health and Wellness LLC possesses the authority to:

a) Implement lawful actions against perceived or actual prohibited use violations.

b) Suspend or terminate user access or accounts in response to infractions.

c) Collaborate with legal authorities or third parties when investigating alleged offenses.

22.4 Disclosure: Subject to our Privacy Policy and legal restrictions, Elevate Health and Wellness LLC retains the prerogative to disclose any information deemed essential for complying with legal obligations or addressing issues. Elevate Health and Wellness LLC also has discretion over content posting and removal.

23. Right to Monitor

23.1 Monitoring Authority: Elevate Health and Wellness LLC expressly reserves the unconditional right to oversee and monitor the general usage of the Service at its discretion.

23.2 Content Removal: At its sole determination, Elevate Health and Wellness LLC may remove any content or materials that:

a) Are potentially unlawful or illegal.

b) Might expose Elevate Health and Wellness LLC to any form of liability.

c) Contravene any terms or conditions set forth in this Agreement.

d) Do not align with the primary objectives or purposes of the Service as defined by Elevate Health and Wellness LLC.

Elevate Health and Wellness LLC’s decisions related to content monitoring and removal are conclusive and are not subject to external review or appeal.

24. Third-Party Goods and Services

24.1 Introduction to Third-Parties: The Service may feature services or products offered by entities other than Elevate Health and Wellness LLC, including but not limited to, Pharmacies, Medical Group, and Providers, all referred to as “Third-Parties.” Additionally, Elevate Health and Wellness LLC might introduce or offer you access to various services, devices, items, or products conceived, distributed, or retailed by these Third-Parties, collectively named “Third-Party Goods and Services.”

24.2 Sole Responsibility with Third-Parties: Any transaction, interaction, or dealing you engage in with any Third-Party, which includes but isn’t restricted to, payment, delivery of goods or services, and any subsequent terms, conditions, guarantees, or representations associated with such interactions, remain exclusively between you and the Third-Party in question. Prior to entering into any transaction, it remains your duty to undertake any inquiries or investigations you deem necessary or appropriate. You bear full responsibility for exercising discretion, caution, and judgment in using the Service and in the disclosure of personal data.

24.5 Financial Interests: Some of the individuals or entities affiliated with Elevate Health and Wellness LLC, categorized under “Elevate Health and Wellness LLC Owners and Personnel”, may have financial stakes in one or multiple Third-Parties. They may stand to benefit financially from your interactions with these Third-Parties or from the sales of Third-Party Goods and Services to you.

25. Terms of Sale

25.1 Product Availability: All products offered for sale by Elevate Health and Wellness LLC are contingent upon availability. We hold the right to determine and adjust the quantity of any order, to decline any portion of an order, or the entire order, without any prior notice.

25.2 Price Adjustments: In situations where a pricing error occurs, we retain the right to amend the mistake and modify your order as deemed fit, which may include charging the accurate price or canceling the order and refunding any amount previously charged. Although product prices are susceptible to change without prior notice, such alterations will not influence orders that have already been placed.

25.3 Tax Obligations: You are held accountable for all applicable Taxes arising from your procurement of products or services via our Service. We shall collect such Taxes if deemed necessary. At the checkout point, an estimation of the Taxes will be provided, except in cases where it’s expressly stated that the price is inclusive of Taxes. The final Tax amount might differ from the estimate due to various reasons, like alterations in tax rates.

25.4 Payment Methods: Only authorized payment methods, as accepted by us, can be utilized for purchases on the Service. You confirm that you are permitted to use the payment method you provide and authorize us to process charges on this method for the entirety of your order, which includes applicable Taxes and shipping and handling fees. Should any product in your order be unavailable, charges will only be for the available products. For transaction purposes, specific information will be requested from you; by providing this, you grant Elevate Health and Wellness LLC an unhindered, worldwide right to relay this information to relevant third parties to facilitate the transaction.

25.5 Shipping and Handling: You agree to bear any shipping and handling charges displayed at purchase. We maintain the right to modify or abolish these charges, albeit with prior notification before your purchase. Delivery dates shown during checkout serve as approximations and lack any guarantee. The risk of loss or damage to a product is transferred to you once our designated carrier receives it, unless stated otherwise.

25.6 User Concerns: We commit to addressing and resolving User concerns on an individual basis. Decisions on such matters lie solely at our discretion and are determined based on the unique facts and circumstances tied to each User.

26. Termination

26.1 Termination Rights: Elevate Health and Wellness LLC reserves the unilateral right to terminate your access to the Service, including any feature or service therein, at any given time and for any reason, without prior notice. This could arise due to breaches of this Agreement, discontinuation of the Service, cessation of our agreements with Medical Groups or Pharmacies, among other reasons.

26.2 Survival of Provisions: Post the termination of your use or the termination of this Agreement, clauses related to Service security, prohibited activities, intellectual property rights, user submissions, disclaimers, limitation of liability, dispute resolution, and indemnification will persistently remain in effect.

26.3 Restrictions After Termination: You hereby agree and understand that if your access to the Service is terminated in line with this Agreement, you are prohibited from attempting to access the Service again using any name, be it authentic or fabricated. Should you breach this post-termination provision, you are bound to indemnify and absolve all Elevate Health and Wellness LLC Parties from any liability that may arise due to your actions.

27. Disclaimers

27.1 Content Reliability: The Content and any other information provided on the Service are made available by Elevate Health and Wellness LLC merely for convenience. Users who decide to rely on such Content or information do so entirely at their own discretion and risk.

27.2 “As Is” Provision: The Service and any associated information provided therein are rendered on an “AS IS” and “AS AVAILABLE” basis. Any interaction or engagement with the Service is done voluntarily and falls entirely under the user’s risk.

27.3 Disclaimer of Warranties: The Elevate Health and Wellness LLC Parties, along with every third-party, inclusive of Medical Groups, Providers, and Pharmacies offering their products or services via the Service, categorically, to the fullest extent permissible by law, disclaims:

All warranties, conditions, representations, whether express or implied.

All statutory warranties or conditions.

The implied warranties of non-infringement of third parties’ rights, satisfactory quality, merchantability, and fitness for a specific purpose concerning the Service.

All warranties regarding the reliability, completeness, timeliness, accuracy, or usefulness of any information, service, merchandise, product, or other material available on or through the Service.

27.4 No Guarantee on Uninterrupted Service: Elevate Health and Wellness LLC does not make any representation, warranty, or guarantee that the Service will operate uninterrupted, error-free, or without delays, disruptions, imperfections, or any form of interference. Furthermore, Elevate Health and Wellness LLC does not guarantee that the Service is free from potential vulnerabilities like cyber attacks, viruses, malware, corruption, or any other adverse incidents.

28. Notices

28.1 Method of Communication: Any notifications or communications from Elevate Health and Wellness LLC concerning the Service or this Agreement may be dispatched via:

Electronic mail (email) to the address you provided during registration or any subsequent updates.

Posting directly on the Service where it is easily visible to users.

Conventional postal service to the physical address you have on record with Elevate Health and Wellness LLC.

28.2 Discretion in Communication: The choice of communication medium rests entirely with Elevate Health and Wellness LLC, and they reserve the right to select the most appropriate method at their sole discretion.

29. No Agency Relationship

Nothing in this Agreement, nor any Content, materials, or features of the Service, shall be construed as establishing or implying any partnership, joint venture, employment, or agency relationship between you and Elevate Health and Wellness LLC, the Medical Groups, the Providers, or the Pharmacies. You are not granted any authority to enter into any agreement, contract, or commitment on behalf of, in the name of, or binding upon Elevate Health and Wellness LLC, the Medical Groups, the Providers, or the Pharmacies. Any actions or representations suggesting otherwise are strictly prohibited and unauthorized.

30. Contact

For questions or concerns about this Agreement or our privacy practices, please contact us at support@joinelevate.com.

31. Acceptance of Terms

BY PURCHASING A PRODUCT FROM Elevate Health and Wellness LLC, clicking on the “I AGREE” button, checking the designated box signifying your agreement to these Terms and Conditions, employing any other mechanism or protocol presented through the Service for acceptance, or otherwise affirmatively accepting these Terms and Conditions, YOU HEREBY ACKNOWLEDGE AND CONFIRM that you have read, understood, and accepted the entirety of this Agreement. If you do not consent to these Terms and Conditions, you are instructed not to create an account or use the Service. Furthermore, by these actions, you extend and bestow agency authority to any individual who, acting on your behalf, clicks on the “I AGREE” button or uses any other method indicating acceptance of these Terms and Conditions.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.