Please read these Terms of Service (the “Terms” or “Agreement”) carefully. The Terms govern your use of the Service(s), Product(s), and Website (as defined below) and constitutes your consent to this Agreement. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
This Agreement is among you and and our provider entities (collectively, “Company” or “We” or “Us” or “Everlife”) concerning your use of (including any access to) the Everlife website currently located at https://Everlifemd.com(together with any materials and services available therein, and successor site(s) thereto, the “Website”), use of our products and services, mobile applications, and/or other communication channels under our control such as email, telephone, or social media (“Service(s)”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Website, or otherwise made available to you by Company (“Additional Terms”).
Please note that the Website may identify or make available products or services (which may include healthcare services, drugs or medical devices) of certain third-party healthcare providers. Such products or services are considered Third Party Materials, as defined below. Everlife LLC., itself is not a healthcare provider, and is not responsible for any such Third-Party Materials.
BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR THE AGE OF MAJORITY) OR HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT IF YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE BUT UNDER EIGHTEEN (18) YEARS OF AGE. NOTWITHSTANDING THE FOREGOING, MINORS UNDER THIRTEEN (13) YEARS OLD ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR TO ENTER INTO THIS AGREEMENT, EVEN IF A PARENT OR LEGAL GUARDIAN WOULD BE WILLING TO PROVIDE CONSENT. A parent or legal guardian of an individual under the age of eighteen (18) may prohibit such individual’s use of the Website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Website without your consent or authorization, please contact us at [email protected].
1. Changes
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes.
Your use of the Website following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links); charge, modify or waive any fees required to use the Website; or offer opportunities to some or all Website users.
2. Information Submitted Through the Website; Jurisdiction
Your submission of information through the Website and/or Services is governed by Company’s Privacy Notice, located at (the “Privacy Notice”). You represent and warrant that any information you provide in connection with the Website or Services is and will remain accurate and complete and that you will maintain and update such information as needed.
The Website and Services are controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Website or Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website or Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Website or Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
3. Subscription Program Terms
By signing up for Everlife and creating an account, you agree to our subscription program terms (“Subscription Program” or “Program”) and your membership in the Program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the Program at any time without notice to you. Limit one account per person. Please Note: The billing charge will show as Everlifemd.com on your credit card statement.
AS A MEMBER OF OUR SUBSCRIPTION PROGRAM, THE VALID CREDIT CARD NUMBER YOU PROVIDED AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT WILL BE AUTOMATICALLY CHARGED ON A GOING-FORWARD BASIS AT THE TIME OF EACH SHIPMENT OF PRODUCT IN EITHER MONTHLY INSTALLMENTS OR EVERY TWO MONTHS (AT YOUR ELECTION) ON THE SAME DATE EACH MONTH OR THE SAME DATE EVERY TWO MONTHS (AS APPLICABLE). IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY CANCELLING YOUR MEMBERSHIP AT EVERLIFEMD.COM UNDER YOUR ACCOUNT TAB AFTER LOGGING IN. YOU MUST CANCEL BEFORE YOUR NEXT SHIPMENT IN ORDER TO AVOID BEING CHARGED FOR THE NEXT RECURRING SHIPMENT.
Refunds & Returns: Our partner doctors typically review submissions and approve or deny treatments within a couple hours. If they deem medical treatment is approved, our pharmacy begins to fill your prescription and ship out the same day in many cases. Consumer protection law prohibits the return of prescription medication. Everlife does not accept returns or provide refunds for prescription products once they have shipped.
It is your responsibility to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, credit card expiration date, or telephone number). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made at Everlifemd.com under payment information under your account tab. If your credit card fails to process for a shipment, your membership in our Subscription Program may be terminated. Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and the necessary funds or credit available to cover your purchase.
Price: Company reserves the right to determine the pricing of its services. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Company may change the fees for any feature or product, including additional fees or charges, if Company provides advance notice of changes before they apply. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
No Purchase For Resale Allowed. Company sells its products direct to You (end consumers) through the subscription service. Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If Company believes you are involved in purchase for resale, Company reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
Shipping: Our Partner Pharmacies ship out all medication via USPS First Class Mail, FEDEX or UPS you should receive your package in 2-5 days. You will be alerted via email when your order has shipped and receive a tracking number.
Cancellation & Return Policy
To cancel your subscription ,contact us at least 48 hours before your next payment to avoid charges or shipments.
You’re eligible for a full refund if you cancel before a Telehealth appointment or if treatment is not approved.
Once a prescription is processed and at pharmacy, it cannot be canceled or refunded. For refrigerated shipments, patients must retrieve and store them properly, as refunds won’t be issued for mishandled medications.
Returns & Exchanges
Due to regulations, medications cannot be returned or refunded once It has left the pharmacy. We only replace defective or damaged items if reported within two weeks of delivery. Contact [email protected]
4. Consent to Communications; Acknowledgments
By entering into this Agreement you agree to receive communications from Company, including via email, text message, SMS message, voice call, and push notifications (“Communications”). Voice calls and texts will be to the phone number you have supplied with your account information. You agree that texts may be made using automatic dialing systems or other automated technologies. Communications from or on behalf of Company may include but are not limited to: operational communications concerning your user account or use of the Company’s products and platform; informational communications concerning shipping, your payment method on file, messages from your provider, and reminders to complete your account set-up; marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive Communications is not a condition of any purchase.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF ALL TEXTS (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL TEXTS), YOU CAN TEXT THE WORD “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICE.
You understand that you will periodically receive correspondence from Company at the email address you register with your account. Text message frequency varies. While correspondence sent from Company to you will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your account indicates your consent for Company to transmit your Personal Information, including your Health Information, to such address.
For more information on Personal Information and Health Information, review our Privacy Notice.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF ALL TEXTS (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL TEXTS), YOU CAN TEXT THE WORD “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICE.
You understand that the telehealth services and any customized prescription products made available through the Website are provided by U.S. licensed medical providers. Everlife LLC., is not itself a healthcare provider.
You understand that the Website, Services, and Products (as “Products” is defined in Section 6, below) facilitate consultations limited to the diagnosis and treatment (and related conditions), and not for any other medical conditions, including cancer conditions.
You understand that the Website and Services are not a substitute for the in-person treatment or advice of your local specialist, primary care physician or any other qualified healthcare professional.
You understand that you should never delay seeking advice from your specialist, primary care physician or any other health professionals due to any diagnosis, advice or other information provided (or the omission of any such information) by Company, the Website, Services, or Products, or a healthcare provider through Company, the Website, Services, or Products.
You understand that the Website, Services, and Products are not to be used in connection with medical emergencies. If you are experiencing a medical crisis, please call 9-1-1 or contact your local emergency assistance services immediately. If you are not feeling well, please contact your primary care physician.
You understand that Company undertakes no obligation to review the inactive ingredients and/or the base ingredients in any product that is recommended or sold to you through the Website or Services, including, without limitation, to ascertain that you are not allergic to such inactive or base ingredients. You further understand that it is solely your responsibility to review those ingredients, as listed on the Website. If you have any questions or are experiencing any issues with Company Communications to you, please contact [email protected]
SMS Notification
Message and data rates may apply.
Opt-Out Instructions
Reply STOP to cancel text messages at any time.
Help
To obtain help, you may:
• Text HELP to receive assistance on your mobile phone.
• Email us at: [email protected]
• Call us at: (800) 591-0354 (Mon–Fri, 9 AM–5 PM EST)
Frequency of Messaging
Message frequency varies.
Privacy Policy
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 or affiliates for marketing or promotional purposes.
For more information, visit our Privacy Policy.
Consent Notice (for checkout / sign-up)
By subscribing, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., product updates or reminders) from Everlife at the cell number used when signing up. Consent is not a condition of purchase.
5. Rules of Conduct
In connection with the Services, Website, and Products, you must not:
Contact or seek to contact any healthcare professional associated with Company outside of the Website. This is in order to protect both patients and healthcare professionals and to ensure that diagnosis and treatment is delivered in a reliable, continuous and controlled environment.
Post, transmit or otherwise make available through or in connection with the Website any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication.
Use the Website for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful.
Create a false identity for the purpose of misleading others, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
Harvest or collect information about users of the Website.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Website.
Infringe the patent, trademark, trade secret, copyright or other intellectual property or other rights of another person or entity.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein or otherwise use the Website for the benefit of a third party or to operate a service bureau, without Company’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Website.
Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Company’s express prior written consent.
Systematically download and store Website content.
Attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into or used in connection with the Website.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without Company’s express prior written consent.
“Frame” or “mirror” any Everlife content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
In connection with the Website, you shall notify Company immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Website and to comply with any corrective action taken by Company.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Website.
We reserve the right to investigate any transactions, activity, or interaction with our Website, Services, or Product(s) that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s). We reserve the right to cancel any order, shipment, consultation, and/or terminate any account that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s), including, without limitation, by engaging in a pattern of creating multiple accounts. Any failure to comply with this Agreement, any fraud or abuse, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your account. If Company has any reason to suspect fraudulent activity is associated with your account, Company reserves the right to delay or withhold Products and/or Services. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. Company decisions are final.
6. Products
The Website may make available listings, descriptions and images of goods or services or related coupons, discounts or trials of goods or services (collectively, “Products”), as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product. Everlife reserves the right to limit any initial offers to new subscribers.
7. Transactions
We may make available the ability to (i) communicate with a healthcare provider and (ii) purchase or otherwise obtain certain Products through the Website, including goods or services (both (i) and (ii) referred to as a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card or other payment information that you submit in connection with a Transaction. By submitting such information, you hereby authorize Company to charge you and grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If your payment method fails or fees associated with your Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file (including with Stripe) and/or retaining collection agencies and legal counsel. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. We reserve the right to change the types of Transactions for which we charge, and we reserve the right to charge for consultations with your healthcare provider. Subscriptions of Products or services are subject to the terms and conditions applicable to such trials and subscriptions available on the Website.
Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
8. Registration; User Names and Passwords
You may need to register to use all or part of the Website. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or Website account. You are limited to one active Website account and You may not use the Website account of any other Everlife user at any time. If you are under the age of 18, your user name and password should also be shared with your parent or legal guardian for the purposes of monitoring your medical care.
Your cooperation is imperative in safeguarding your Personal Information. Choose your account password carefully, as anyone with access to your account password will be able to assume your online identity and view your medical information, change your Personal Information, and communicate with your Everlife affiliated health care providers. It is your responsibility to prevent disclosure of your password to others, and to change your password if you feel that its security has been compromised. You may change your password from your account profile page after logging into your account. Additionally, you will periodically receive correspondence from Company at the email address you register with your account. While these emails will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your account indicates your consent for Company to transmit your Personal Information, including your Health Information, to such address. For more information regarding our privacy practices, please review our Privacy Notice located at here.
9. Profiles and Forums
Website visitors may make available certain materials (each, a “Submission”) through or in connection with the Website, including on profile pages, on social media or on the Website’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Submissions do not include your health information. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
10. License
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwis e), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Website or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Website, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
11. Monitoring
Review, analyze, store, evaluate, alter or remove Submissions or any messages, information, content or other materials sent to you, or received by you, in connection with the Website, at any time, including while it is in transit, and before and after it is stored or made available through the Website, and to monitor, review, analyze or evaluate your access to or use of the Website, in each case by manual, automated or other means, and in each case for any purpose, including marketing and advertising and such purposes as may be described in the Privacy Notice. We may disclose information regarding your access to and use of the Website, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
12. Your Limited Rights
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Website, you may view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
13. Company’s Proprietary Rights
We and our suppliers own the Website, including the software, code, proprietary methods, systems, content and any other intellectual property or proprietary rights used to operate the Website (the “Website IP”), which is protected by proprietary rights and laws. The Website IP also includes our trade names, trademarks and service marks, which include Everlife, and any associated logos. All Website IP on the Website not owned by us are the property of their respective owners. You may not use Website IP in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except for the limited license set forth in Section 12, nothing contained on the Website should be construed as granting any right to use any Website IP without the express prior written consent of the owner.
14. Third Party Materials; Links
Certain Website functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“ Third Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF Third Party Materials IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH Third Party Materials (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH Third Party Materials). COMPANY ACCEPTS NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES OR SERVICES.
15. Promotions
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
16. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ANY PROVIDER ENTITIES, AND THEIR AFFILIATES AND RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the Website, we do not guarantee that the Website is or will remain updated, complete, correct or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the Website.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE WEBSITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE WEBSITE AND (2) ONE HUNDRED U.S. DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND/OR PRODUCTS. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Applicable law in states other than New Jersey (which is addressed in Section 24, below) may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations of liability may not apply to you, and you may have certain additional rights.
18. Indemnity and Release
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Website (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
19. Termination
This Agreement is effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to [email protected]. Company may terminate, discontinue, cancel, suspend, change or limit access Your use of the Website or Services at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of at least five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23, or as required by state or federal law. Sections 2–6, 8–11 and 13–25 shall survive any expiration or termination of this Agreement. Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section 19 shall be subject to compliance with any notice or waiting period provided by applicable law. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of your ability to use the Website, Services, or Product(s). If you are dissatisfied with any aspect of the Website, Services, or Product(s) at any time, your sole and exclusive remedy is to cease participating in the Website, Services, and Product(s). Termination will not prejudice either you or our remedies at law or in equity.
20. Dispute Resolution, Binding Arbitration, Governing Law & Venue
(a) Agreement to Arbitrate
In the interest of resolving disputes between you and Everlife, llc. (“Company”) in the most expedient and cost-effective manner, you and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, EverLife products, or communications between you and Company (collectively, “Disputes”) shall be resolved exclusively by binding arbitration, except as expressly provided in Section 20(b).
This agreement applies to all Disputes, whether based in contract, tort, statute, regulation, privacy, data use, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination of these Terms. YOU AND COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
(b) Exceptions
Notwithstanding Section 20(a), either party may:
Bring an individual action in small claims court, if the claim qualifies;
Seek temporary or injunctive relief in a court of competent jurisdiction solely to prevent or stop intellectual property infringement or misuse of confidential information;
Pursue enforcement actions through applicable federal, state, or local agencies, where such actions are permitted by law.
(c) Governing Arbitration Law & Administrator
This arbitration agreement is governed by the Federal Arbitration Act (“FAA”).
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The AAA Rules are available at www.adr.org.
The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
(d) Governing Law
Except as governed by the Federal Arbitration Act, these Terms and all Disputes shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.
(e) Arbitration Seat & Hearing Location
The seat and legal place of arbitration shall be Palm Beach County, Florida.
If the claim is $10,000 or less, you may elect for the arbitration to be conducted:
solely on written submissions,
by telephone or videoconference, or
by an in-person hearing in the county of your billing address, as permitted under the AAA Rules.
(f) Notice of Dispute & Informal Resolution
Before initiating arbitration, the initiating party must send a written Notice of Dispute describing the nature of the claim and the relief sought.
Company’s Notice Address:
Everlife, llc.
Attn: Legal Department
16192 Coastal Hwy, Lewes, DE 19958
The parties agree to attempt good-faith informal resolution for 30 days following receipt of the Notice before commencing arbitration.
(g) Fees & Costs
Payment of arbitration fees shall be governed by the AAA Rules. Company will reimburse the consumer filing fee for claims under $10,000, unless the arbitrator determines the claim to be frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b). The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions.
(h) Confidentiality
All arbitration proceedings, submissions, testimony, and awards shall be confidential, except as necessary to enforce the award or as required by law.
(i) No Class or Representative ActionsAll Disputes must be brought in an individual capacity only.
Neither party may act as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative action.
(j) Court Venue for Permitted Actions
To the extent any Dispute is permitted to proceed in court under these Terms, exclusive jurisdiction and venue shall lie in the state or federal courts located in Palm Beach County, Florida, and the parties consent to personal jurisdiction in such courts.
(k) Opt-Out Right
You may opt out of this arbitration agreement within 30 days of accepting these Terms by sending written notice to Company at the address above. The notice must include your full legal name, address, email, and a statement of intent to opt out of arbitration.
(l) Severability
If any portion of this Section 20 is found unenforceable, that portion shall be severed, and the remainder shall remain in full force. If the class-action waiver is found unenforceable, the entirety of this Section 20 shall be null and void.
21. Filtering
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
22. Information or Complaints
If you have a question or complaint regarding the Website, Product(s), or Service(s), please send an e-mail to [email protected]. You may also contact us by writing. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
23. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Company’s DMCA agent as follows: by e-mail to [email protected]. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
24. Important Note to New Jersey Consumers
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnity Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the California governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
25. Export Controls
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
25. Export Controls
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction, including, without limitation, those rights or obligations relating to your Website account and any information that you provide or that has been provided on your behalf to Company or that has been collected by Company in connection with Company’s business operations or through the Website. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” To the extent there is a conflict between the provisions in this Agreement and any Additional Terms incorporated herein by reference, the latter shall have precedence. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation or any delay in performing any of its obligations, if the delay or failure was due to any cause beyond Company’s reasonable control including but not limited to severe weather, power, or other utility cut-off, natural disaster, strikes, governmental action, epidemic, pandemic, terrorism, war, civil unrest, or other similar events of “force majeure”.
Website 2024 Everlife, LLC. unless otherwise noted. All rights reserved.
27. Relationship with us
RELATIONSHIP WITH US For individuals who register as users of the Service (“Users”), Everlife LLC makes available certain products and services, either sold or offered by Everlife LLC or third-party medical providers, pharmacies, or other vendors through our Service. Our Service grants you access to prescription fulfillment services offered by the following pharmacies: Curexa East LLC (the “Pharmacy”) and is not exclusive to partnerships we may establish with other pharmacies. Additionally, access may be provided to healthcare services offered by one or more of the following medical groups (the “Medical Groups”): M & D Integrations and its affiliated healthcare providers. These medical groups employ or contract health professionals who deliver specific healthcare services. Upon acceptance of this Agreement, you acknowledge and agree that any services obtained from the Pharmacy, Medical Groups, or Providers through our service are subject to this Agreement. Furthermore, the Pharmacy, Medical Groups, and Providers are acknowledged as third-party beneficiaries of this Agreement.
We do not govern or intervene in the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for overseeing the medical care and treatment they administer to you. By accepting this Agreement, you acknowledge and agree that Everlife LLC is not a healthcare provider, and your use of the Service does not establish a patient-physician or any other healthcare provider-patient relationship with Everlife LLC. However, through the Service, you may establish a physician-patient or other healthcare provider-patient relationship with the Medical Group and/or one or more Providers. Upon acceptance of this Agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, and emails via the Service concerning your diagnosis and/or treatment. You further comprehend and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails. Neither Everlife LLC nor the Medical Group nor any Provider will be held responsible, and you will not hold Everlife LLC, Medical Group, or any Provider liable for any loss, injury, or claims 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 Medical Group or your Provider(s). While you are not establishing a physician-patient or any other healthcare provider-patient relationship with Everlife LLC through the Service, you are establishing a direct customer relationship with Everlife LLC for the use of the Service, including the purchase of any non-prescription products or non-medical services directly sold to you by Everlife LLC via the Service. In the course of this relationship, you may provide us, or cause to be provided on your behalf, personal information, including health information, subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy”.
*Statements on this website have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure or prevent any disease. If you are taking prescription medication, have a medical condition, or are pregnant or nursing, consult your physician prior to use. Not for children. Results may vary.
*If you're ordering a prescription product, Everlife will help arrange a consultation with a licensed medical professional. During this visit, the professional will assess whether you're a suitable candidate for the product. If deemed appropriate, they may provide a prescription, which will be filled byone of Everlife’s partner pharmacies, unless you specify otherwise.
To ensure patient safety, we need to verify your phone number. By providing it and continuing, you agree that Everlife may send you text messages to verify your phone and for any lawful purposes related to your Everlife account, such as order confirmations, shipping updates, and messages from your provider. Message and data rates may apply. Message frequency may vary. You also agree to receive marketing emails and promotional content from Everlife. Additionally, Everlife may use your information for third-party advertising, including targeted ads on platforms like Facebook and Google. This may involve using hashed or de-identified data for custom audiences and to exclude current customers from certain campaigns. You can opt out of marketing emails by following the unsubscribe link in each email or by contacting [email protected]
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