Terms of Service

Please carefully review these Terms of Use, as they outline essential information about the Services.

The Services are not designed for emergency care or urgent medical situations. Never delay or ignore seeking medical advice based on information provided or absent from the Platform. If you believe you are experiencing a medical emergency, call 911 immediately.

These Terms ("Terms") outline the rules and conditions for using the PharmSourced Health & Weight Loss LLC website, along with any other websites, online services, or mobile applications operated by PharmSourced Health & Weight Loss LLC that link to these Terms (collectively referred to as the "Platform").

You may access and use the Platform, including its content, products, and services provided by PharmSourced Health & Weight Loss LLC (referred to as the “Services” or “Service”), only in compliance with these Terms. As part of the Services, PharmSourced Health & Weight Loss LLC collaborates with Epic Health & Beauty of Arizona, Alina Telehealth Services of Texas, and any future affiliated medical groups with which we may establish contracts (collectively, the “Medical Groups”). These Medical Groups provide online telehealth consultations and secure messaging services between their healthcare providers (each referred to as a “Provider” and collectively as “Providers”) and patients. Therefore, our Services include the professional medical care delivered to you by the Medical Groups through their partnership with us, and your access to and use of these Services must adhere to these Terms.

Throughout these Terms, "PharmSourced," "we," "us," and "our" refer to PharmSourced Health & Weight Loss LLC, along with its current and future subsidiaries and affiliates. "You" and "your" refer to the individual using the Services.

By accessing or using the Services, clicking “I Agree,” checking a related box to indicate your acceptance, or following any other acceptance process provided on the Platform, you confirm that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree to or cannot comply with any part of these Terms, you may not access or use the Platform or the Services offered through it.

You also acknowledge and agree that, if applicable, your subscription will automatically renew unless you cancel it or we suspend or terminate it as outlined in these Terms. Please note that these Terms are subject to change as specified herein.

 

Arbitration Notice: By using the Services, you agree that any disputes between you and PharmSourced, the Medical Groups, or Providers arising from or related to these Terms or the Services will be resolved through binding individual arbitration. You knowingly waive your rights to a jury trial and to participate in any class action lawsuit or class-wide arbitration, as detailed further below. Exceptions to this agreement and instructions on how to opt out of arbitration are also provided below.

1. Compliance with the Terms and Updates to the Terms

The Services are intended solely for individuals aged eighteen (18) or older. Individuals under the age of eighteen (18) are strictly prohibited from using any part of the Services or agreeing to these Terms, even if parental or legal guardian consent is provided. If you are a parent or legal guardian and believe that an individual under eighteen (18) has accessed the Services without your consent, please contact us at info@PharmSourced.com.

Your use of the Services is conditional upon your compliance with these Terms and all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to access, register for, or use the Services or any information provided through the Platform. In such cases, you must promptly exit the Platform and discontinue your use of the Services.

Please review our Privacy Policy, State Privacy Law Addendum, and Notice of Privacy Practices, which describe how we collect, use, and protect your personal health and financial information. These documents are incorporated into these Terms by reference and are considered an integral part of the Terms.

If you disagree with any part of these Terms, your sole remedy is to stop using the Site and Services. By continuing to use the Site or Services after updates to the Terms have been posted, you indicate your acceptance of those changes. Therefore, it is recommended that you review the Terms periodically to stay informed of any modifications.

2. Not Insurance

PharmSourced is not an insurance provider. The Services offered are not insurance products or services, and any payments made to PharmSourced are not considered insurance premiums. If you require health insurance or any other type of insurance, you will need to obtain it independently.

3. Relationship with PharmSourced

PharmSourced does not provide medical services directly. Instead, we offer individuals registered as users of the Services access to products and services provided by PharmSourced, Medical Groups, Providers, third-party pharmacies (“Pharmacies”), and clinical laboratories (“Labs”). The Services include access to prescription fulfillment through third-party Pharmacies and laboratory services from third-party Labs. Although PharmSourced partners with a pharmacy for prescription fulfillment, users have the option to direct their prescriptions to any pharmacy of their choice. All Providers, Medical Groups, Pharmacies, and Labs operate independently of PharmSourced and may use the Services to facilitate communication with you.

PharmSourced does not control or influence the medical practice of Providers or Medical Groups, each of which is solely responsible for the medical care and treatment they deliver. By agreeing to these Terms, you acknowledge and agree that PharmSourced is not a healthcare provider, and using the Services does not establish a doctor-patient or healthcare provider-patient relationship with PharmSourced. However, your use of the Services may create a doctor-patient or healthcare provider-patient relationship with a Medical Group or Provider.

Any medical advice or information you receive through the Services is provided solely by the Provider or Medical Group, not by PharmSourced. The Services are not intended to replace your relationship with your regular healthcare practitioners. PharmSourced, its subsidiaries, affiliates, or any third parties promoting or linking to the Services, are not liable for professional advice or information obtained through the Platform from Providers or Medical Groups.

PharmSourced does not endorse any specific tests, Providers, Medical Groups, Labs, Pharmacies, medications, products, or procedures recommended by Providers or Medical Groups through the Services. Additionally, PharmSourced makes no representations or warranties about the qualifications or skills of healthcare Providers delivering services through the Platform. Any reliance you place on Providers, Medical Groups, Labs, Pharmacies, or the information they provide is at your own risk, and you assume full responsibility for that reliance.

By accepting these Terms, you agree that any Services received from Medical Groups, Providers, Pharmacies, or Labs through the Platform are also governed by these Terms. Furthermore, the Medical Groups, Providers, Pharmacies, and Labs are considered third-party beneficiaries of these Terms.

PharmSourced does not control or interfere with the professional services provided by Medical Groups, Providers, Labs, or Pharmacies, each of which is solely responsible for the professional care and services they render through the Platform.

 

4. Informed Consent for Telehealth Services

Telehealth involves providing healthcare services through electronic communication, information technology, or other means between a healthcare provider and a patient who are not physically present in the same location. While telehealth services can offer certain advantages, they also come with potential risks and are not always a suitable substitute for in-person care.

To use the Services, you must review and agree to an informed consent document regarding the use of telehealth services (the “Informed Consent for Telehealth Services”), which will be provided to you through the Platform. By agreeing to these Terms, you acknowledge that PharmSourced Health & Weight Loss LLC is a third-party beneficiary of the Informed Consent for Telehealth Services and has the right to enforce its terms against you. For additional information, please refer to the Telehealth Consent document.

5. Electronic Communications

By using PharmSourced Services or sending emails, text messages, and other communications to us via your desktop or mobile device, you consent to communicate with us electronically. You agree that (a) all agreements and consents may be signed electronically, and (b) all notices, disclosures, and communications provided electronically fulfill any legal requirement for written communication.

You consent to receive invitations, notifications, reminders, and other communications from Providers, Medical Groups, PharmSourced, and its affiliates or agents through the Platform or by email, text message (including short message service), fax, phone, or other communication methods. You authorize PharmSourced, Medical Groups, Providers, and their service providers to use an automatic telephone dialing system and/or an artificial or prerecorded voice message system (“Automated Messages”) to contact you at the contact information you provide. You are responsible for notifying PharmSourced, Medical Groups, or Providers promptly if your phone number or contact information changes.

Automated Messages may include, but are not limited to, invitations to download and use the Platform. By using the Services, you acknowledge that you may receive multiple messages per day and are responsible for any message and data rates charged by your mobile carrier. Note that these communications may not be encrypted and could pose a risk to the confidentiality and privacy of the information if intercepted by third parties.

You can opt out of receiving Automated Messages at any time by contacting PharmSourced at info@PharmSourced.com or replying “STOP” to an automated text message. For more information, please refer to the SMS/Phone Terms of Service.

6. Subscriptions

Some Services and products offered through the Platform require a subscription purchase. This means your selected payment method will be automatically charged at regular intervals, as outlined in the offer terms provided during checkout, until you cancel the subscription in accordance with these Terms. Subscription fees, including membership enrollment fees, are typically not covered by most health insurance plans or third-party payment options such as Health Savings Accounts (HSAs) or Flexible Spending Accounts (FSAs). You acknowledge that these fees may not be reimbursable under such plans, and you are responsible for their full cost.

We offer various subscription plans at different price points. Carefully review the specific terms of your selected subscription plan during checkout. Unless expressly stated otherwise, subscription fees are non-refundable to the extent permitted by law.

We reserve the right to issue refunds or credits at our discretion. Issuance of a refund or credit in one instance does not obligate us to provide similar refunds or credits in the future. If your subscription is terminated due to non-payment, or if you cancel and later re-enroll, you will be subject to any rate increases at the time of re-enrollment. You acknowledge that your subscription fees may differ from those paid by others due to promotions or discounts that may not apply to you or were not available when you subscribed.

Subscription fees will remain fixed during the initial commitment period ("Original Commitment Term"). However, sales taxes and other government-imposed fees are not included in the subscription price and may be added or adjusted at any time as required by law.

For simplicity, the Platform will display and charge you a single “total” subscription price. If your subscription includes a consultation with a Provider or a prescription product, the total price may include charges from the Pharmacy for the prescription drug (or its compounded equivalent) and charges from the Medical Group for the Provider's services, in addition to the fees for using the Platform. In such cases, PharmSourced collects these fees on behalf of the Medical Groups, Providers, and Pharmacies and remits the applicable amounts to them.

 

7. Notice Regarding Your Financial Responsibility for Services

You agree to pay PharmSourced all applicable fees at the rates in effect at the time the Services are provided to you. By using the Services, you authorize PharmSourced to charge your chosen payment method (your “Payment Method”) for the Services you receive. If your Payment Method is invalid at the time of payment, you agree to pay the total amount due upon request.

Your Payment Method may be managed by a third-party service provider, whose terms and conditions are separate from these Terms. You agree to comply with any such terms and conditions. PharmSourced may consolidate charges for the Services you incur and submit them as one or more aggregated charges during or at the end of each billing cycle.

PharmSourced reserves the right to correct billing errors or mistakes, even if payment has already been processed or received. For more details, please refer to the Telehealth Consent and Payment and Billing Consent documents.

8. Prescription Products

Some products offered through the Platform require a valid prescription from a licensed healthcare Provider. To obtain a prescription product, you must complete a consultation with a Provider through the Platform, who will determine if the product is appropriate for you and, if so, issue a valid prescription.

If a prescription is deemed appropriate and issued, you will receive information about your options for filling it. You may choose to fill the prescription through one of the Pharmacies connected to the Platform or at a pharmacy of your choice, as prompted during the Services or by contacting info@PharmSourced.com. Subscription plans may include the cost of specific medications if filled through one of the Pharmacies.

If you complete a consultation and fill a prescription through one of the Pharmacies, the product will be shipped to you. For safety reasons, prescription products cannot be returned for reuse or resale.

Please note:

Prescriptions filled through the Pharmacies may not include child-resistant packaging, and products may not be dispensed in child-resistant containers.
If you use a pharmacy outside of the Pharmacies, you acknowledge:
Your medication may or may not be delivered to your door.
You are responsible for paying for the medication in addition to your monthly PharmSourced subscription fee. PharmSourced makes no guarantees about whether medication costs will be covered by your health insurance or third-party payment plans or whether your chosen pharmacy accepts such plans.
9. Third-Party Goods and Services

The Services may include goods and services provided by parties other than PharmSourced, such as Medical Groups, Providers, Pharmacies, and Labs (collectively, “Third Parties”). PharmSourced may also offer for purchase certain services, devices, items, or products manufactured, distributed, or sold by Third Parties (“Third-Party Goods and Services”). Your interactions with Third Parties—including payments, delivery of goods or services, and any associated terms, conditions, warranties, or representations—are solely between you and the Third Parties. You are responsible for conducting any necessary research before engaging in any online or offline transactions involving Third Parties or Third-Party Goods and Services.

When using the Services and interacting with Third Parties, you agree to exercise caution, discretion, and sound judgment, particularly when sharing personal information.

PharmSourced is not responsible or liable for any loss or damage resulting from your use of the Services, including any Third-Party Goods and Services or interactions with Third Parties. If a dispute arises between you and a Third Party or another individual or entity, PharmSourced is under no obligation to mediate or become involved. You agree to release and indemnify PharmSourced, its affiliates, and their respective contractors, officers, employees, agents, and representatives (collectively, “PharmSourced Parties”) from any and all claims, demands, or damages—whether known or unknown, disclosed or undisclosed—arising from such disputes or your use of the Services.

10. Cancellation

Both you and PharmSourced have the right to terminate or cancel your subscription for the Services at any time. PharmSourced reserves the right to collect any fees, surcharges, or costs incurred prior to the effective date of your cancellation.

To cancel your subscription, you must contact our customer support team at info@PharmSourced.com. Your cancellation will take effect within 24 hours of processing.

By canceling or terminating your subscription, you acknowledge and agree that this is your sole remedy for resolving any dispute with us, including but not limited to disputes related to:

These Terms or any of their provisions.
PharmSourced's policies or practices, including cancellation or Privacy Policy.
Content available through the Platform.
Your ability to access or use the Platform.
Fees, charges, surcharges, taxes, billing methods, or changes to these.
Upon cancellation or termination of your subscription, your access to the Platform, Providers, and prescription medication will be deactivated immediately. You are responsible for planning ahead to avoid any interruptions in access to prescription medications due to cancellation.

We will strive to process cancellation requests promptly. If you cancel close to the end of a billing period and are inadvertently charged for the next period, please contact us at info@PharmSourced.com to request a refund for the overcharge.

11. Eligibility; Availability

Certain Services may not be available to individuals in specific states, and all Services are limited to users located within the United States. Accessing the Services from outside the United States, from restricted states, or by individuals in prohibited locations is strictly prohibited. Additionally, certain products and Services offered through the Platform may have age restrictions and may not be available to users of all ages.

The Services may not always be the most appropriate way to provide information to, communicate with, or seek medical care from a healthcare provider. For instance:

Certain medical conditions may require in-person procedures or visits to a healthcare provider outside of the Platform.
Your Provider may determine that your diagnosis or treatment requires an in-person visit or is not suitable for telehealth through the Services.
In such cases, you may be notified that you are unable to continue using the Services.

PharmSourced reserves the right to change, add new requirements, or modify the availability of the Services at its sole discretion without prior notice.

12. Platform Access, Security, and Restrictions; Passwords

If you create an account for the Platform, you agree to complete the registration process by providing current, complete, and accurate information as requested by PharmSourced. You are solely responsible for all activities conducted under your account.

If access to the Platform or specific areas of it requires a user ID and password (“Protected Areas”), you agree to access these areas only with your assigned user ID and password. You are responsible for maintaining the confidentiality of your user ID and password and must not share them with any third party. You agree to be fully accountable for all activities performed under your user ID.

You are prohibited from violating or attempting to violate the security of the Platform, including but not limited to:

(a) Accessing data not intended for you or logging into accounts or servers that you are not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization.
(c) Accessing or using the Services or any part of the Platform without authorization, in violation of these Terms, or contrary to applicable laws.
You must not use automated tools such as scrapers, crawlers, spiders, or robots to access, copy data, deep-link to features or content, or bypass security measures such as robot exclusion headers designed to restrict access to the Platform.

Any violations of system or network security may result in civil or criminal liability. PharmSourced reserves the right to investigate suspected violations and cooperate with law enforcement authorities in prosecuting users involved in such activities.

Additionally, you agree not to use any device, software, or routine to interfere with the proper functioning of the Platform or any activities conducted on it. PharmSourced may revoke your access to the Platform and Services at any time, with or without cause.

13. Right to Monitor

PharmSourced reserves the right to monitor the general use of the Services at any time as it deems appropriate. PharmSourced may remove any materials that, in its sole discretion:

Are illegal.
Could subject PharmSourced to liability.
Violate these Terms.
Are inconsistent with the intended purpose of the Services, as determined solely by PharmSourced.
 

14. Accuracy of Information

PharmSourced strives to maintain the integrity and accuracy of the Platform but makes no representations, warranties, or guarantees regarding the accuracy or reliability of the Platform and its content. The Platform may contain typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, or alterations may be made by third parties.

If you notice any inaccuracies, please notify PharmSourced so that we can address and correct them. The information on the Platform may be updated or changed at any time without notice. PharmSourced assumes no responsibility or liability for any information or content posted on the Platform by third parties.

15. Terms of Sale

All products and Services offered by PharmSourced are subject to availability. We reserve the right to impose quantity limits on orders, reject any part of an order, or cancel orders without prior notice. If an error occurs, we may correct the error and revise your order accordingly (including adjusting the price) or cancel the order and issue a refund. Prices for products and Services are subject to change, but changes will not affect any orders you have already placed.

You are responsible for paying applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) associated with your purchases. If we are required to collect Taxes, we will provide an estimated amount during checkout unless explicitly stated otherwise. However, the actual Taxes charged may differ due to factors such as variances in tax rates or processor calculations. PharmSourced does not collect Taxes in all states, and you may be responsible for reporting and paying Taxes directly to the appropriate authorities if we do not collect them.

By subscribing to or purchasing products and Services through the Platform, you authorize us (or our third-party payment providers) to charge your selected payment method (“Selected Payment Method”) for all applicable charges, including taxes and shipping. Charges will be applied in full at the time the order is placed.

All purchases made through the Platform are final, and charges are non-refundable unless explicitly stated in these Terms or required by applicable law. Only valid payment methods acceptable to us may be used. You represent and warrant that you are authorized to use your Selected Payment Method and authorize us to process the total charges for your order, including taxes and shipping.

In cases where a product in your order is unavailable, you will only be charged for the products, taxes, and applicable charges for the items included in your shipment. You may be required to provide transaction-related information, such as credit card details, billing and shipping addresses, phone numbers, and email addresses. By submitting this information, you grant PharmSourced the right to share it with third parties, such as payment processors, to facilitate the transaction.

All monetary transactions conducted through the Platform occur via third-party payment processing vendors, such as Recurly, Inc. (“Recurly”) and Stripe, Inc. (“Stripe”). Additional details about their privacy policies and security measures can be found on their respective websites:

Jane Software Inc. Privacy Policy: https://jane.app/legal/privacy-notice
Stripe Privacy Policy: https://stripe.com/privacy
PharmSourced’s relationship with Jane Software Inc. and Stripe is purely contractual, and these vendors are independent third parties. Their relationship with PharmSourced should not be construed as fiduciary, employer-employee, partner, or joint venture relationships.

You agree to pay any shipping and handling charges displayed at the time of purchase. These charges may change over time, but you will be notified of any changes before completing your purchase. Delivery dates provided during checkout are estimates and not guaranteed. Risk of loss or damage to products passes to you once the product is delivered to the designated carrier.

PharmSourced addresses customer issues and concerns on a case-by-case basis. We reserve the right to resolve disputes and concerns at our sole discretion based on the specific facts and circumstances of each situation.

16. User Information

If you submit, upload, post, or transmit any information to PharmSourced or through the Platform—including health information, medical history, conditions, symptoms, personal details, consent forms, agreements, requests, comments, ideas, suggestions, files, videos, images, or other materials ("User Information")—you agree to the following:

You will not provide any User Information that:
Is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or encourages criminal or unethical behavior.
Violates or infringes on the privacy, copyright, trademark, trade dress, trade secrets, or other intellectual property rights of any individual or entity.
Contains or transmits a virus or any other harmful component.
You will not contact other PharmSourced customers through unsolicited methods, such as email, telephone calls, mail, or any other forms of communication.
You represent and warrant that you have the legal right and authorization to provide all User Information to PharmSourced for its use as outlined in these Terms or as required by PharmSourced.

17. Claims of Copyright Infringement

PharmSourced respects the intellectual property rights of others and expects users of the Platform to do the same. PharmSourced disclaims responsibility or liability for copyrighted materials posted on the Platform. In accordance with the Digital Millennium Copyright Act (“DMCA”), PharmSourced will promptly address notices of alleged copyright infringement reported to its designated copyright agent, as outlined below.

If you believe your work has been copied in a way that constitutes copyright infringement, follow these steps to file a notice (“Notice”):

Identify the copyrighted work(s) you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity), including, at minimum, the URL of the link on the Platform where the material appears.
Provide your contact information, including your mailing address, telephone number, and, if available, email address.
Include the following two statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Send the completed Notice to PharmSourced’s designated copyright agent via one of the following methods:

By mail:
PharmSourced Health & Weight Loss LLC
47 Wood Ave, STE 2
Barrington, RI 02806
Attn: General Counsel
By email:
info@PharmSourced.com
PharmSourced will review and respond to Notices of alleged copyright infringement as required by the DMCA.

18. Disclaimer of Warranties

PharmSourced does not guarantee that access to or use of the Platform or Services will be uninterrupted or error-free, nor that any defects in the Platform or Services will be corrected. The Platform, including all content and information available through it or any related Services, is provided on an “as-is” basis, with all faults, and without representations or warranties of any kind.

To the fullest extent permitted by law, PharmSourced disclaims all warranties, whether express or implied, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement.
PharmSourced makes no warranty regarding the accuracy, completeness, or timeliness of any information accessed through the Platform or Services.

You assume full responsibility and risk for your use of the Platform, related Services, and any linked websites. PharmSourced does not guarantee that files available for download through the Platform will be free of viruses, worms, Trojan horses, or other harmful programming. You are solely responsible for implementing procedures to meet your own data backup and security needs while using the Services.

19. Limitation of Liability Regarding Use of the Services

PharmSourced and any third parties mentioned on the Platform are not responsible or liable for any damages of any kind, including but not limited to:

Direct, indirect, incidental, consequential, special, exemplary, or punitive damages,
Damages resulting from lost profits, lost data, or business interruption,
arising out of or in connection with the use of the Platform, Services, content, or information provided on the Platform or any linked websites. This limitation applies regardless of the legal theory under which the claim is made (e.g., warranty, contract, tort) and whether or not PharmSourced was advised of the possibility of such damages.

Your sole remedy for dissatisfaction with the Platform, Services, or any linked websites is to stop using them.

To the extent that any limitations of liability described above are deemed unenforceable, PharmSourced's maximum liability to you for your use of the Platform and Services is $10,000 (ten thousand dollars).

20. Binding Arbitration / Class Waiver

You agree that any legal claim, dispute, or controversy between you and PharmSourced, any PharmSourced-affiliated parties, Medical Groups, or Providers arising out of or relating to the Platform, Services, Content, or other PharmSourced goods, services, or advertising (collectively, “Disputes”) will be resolved through confidential binding arbitration. This arbitration will be conducted before a single arbitrator from the American Arbitration Association (AAA) under its Commercial Arbitration Rules or the Supplementary Procedures for Consumer-Related Disputes, if applicable (“Rules and Procedures”).

By agreeing to arbitration, you voluntarily and knowingly waive your right to a trial by jury or to proceed in state or federal court, except as explicitly stated below. Arbitration is less formal than court proceedings, and the arbitrator can award the same damages and relief as a court on an individual basis. Court review of arbitration awards is limited.

Arbitration Costs and Fees

Arbitration costs will follow the AAA’s fee schedule unless you demonstrate that such costs would be prohibitive compared to litigation. In such cases, PharmSourced will cover arbitration costs deemed necessary by the arbitrator to prevent arbitration from being cost-prohibitive. PharmSourced may also elect to cover all arbitration costs at its sole discretion. Each party will bear its own attorneys’ fees and expenses unless a statutory provision requires otherwise.

For more information about the AAA, its rules, and how to file a claim, visit https://www.adr.org.

Exceptions to Arbitration

The following claims or disputes are not subject to arbitration:

Claims involving violations of intellectual property rights.
Claims arising from allegations of theft, piracy, unauthorized use, or violations of the Computer Fraud and Abuse Act.
Claims for equitable or injunctive relief.
For these exceptions, either party may seek relief in state or federal courts located in Harris County, Texas, and both parties agree to submit to the jurisdiction of such courts. Additionally, either party may assert individual claims in small claims court for disputes within the court’s jurisdiction, provided the claim advances only on an individual (non-class, non-representative) basis.

Class Action Waiver

All disputes subject to arbitration under these Terms must be arbitrated on an individual basis. No party may bring claims as part of a class, collective, or representative action, nor may claims from multiple users or customers be joined or consolidated. The arbitrator may only award relief (monetary, injunctive, or declaratory) to the individual party seeking it and only to the extent necessary to resolve their individual claim(s).

If any part of this class action waiver is deemed unenforceable under applicable law, the affected claim(s) will be severed from arbitration and litigated in state or federal court in Harris County, Texas. Severed claims will be stayed until the arbitration is fully resolved.

The parties also agree to submit to the personal jurisdiction of federal and state courts in Kent County, Rhode Island, for resolving severed claims or disputes.

21. Opt-Out Procedure

You may opt out of the arbitration requirement in these Terms within 30 days of agreeing to any version of these Terms that includes an arbitration clause. To opt out, send a written notice to:

PharmSourced Health & Weight Loss LLC
47 Wood Ave., STE 2
Barrington, RI 02806
Attn: General Counsel

Your notice must include:

Your full name.
Your residence address.
Your email address.
A clear statement that you wish to opt out of the arbitration requirement.
Notice of Dispute

Before initiating arbitration of a Dispute, you must send a written Notice of Dispute to the address above. The notice must include:

Your name, residence address, username (if applicable), and email address associated with your account (if applicable).
A detailed description of the Dispute.
The relief you are seeking.
PharmSourced will provide a similar notice to you if we initiate arbitration.

If the Dispute is not resolved within 30 days of receiving the Notice of Dispute, either party may commence arbitration.

Modifications to Arbitration Terms

If PharmSourced makes future material changes to the arbitration or dispute resolution provisions in these Terms, such changes will not apply to any existing Dispute for which a written Notice of Dispute has already been submitted.

If you wish to reject future material changes to these arbitration provisions, you may do so by sending a written notice of your rejection to the address above within 30 days of the effective date of such changes.

22. Limited Time to Bring Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be initiated within one (1) year from the date the cause of action accrues. Failure to do so will result in the cause of action or claim being permanently barred.

23. Successors and Assigns

PharmSourced may freely assign or delegate its rights and obligations under these Terms without prior notice to you, including its right to use data it collects and maintains, as outlined in the Privacy Policy. You are not permitted to assign or delegate any of your rights or obligations under these Terms.

These Terms are binding on both parties, as well as their respective successors and permitted assigns.

24. Governing Law; Venue

These Terms, along with your use of the Services, are governed by the laws of the State of Rhode Island, without regard to its conflict of law principles.

You and PharmSourced agree to submit to the personal jurisdiction of the state and federal courts located in Kent County, Rhode Island, for the resolution of any lawsuit or court proceeding permitted under these Terms.

25. Indemnity

You agree to defend, indemnify, and hold harmless PharmSourced, its affiliates, and their respective officers, directors, managers, partners, employees, agents, licensors, and suppliers from and against all third-party claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

Your breach of these Terms.
Your violation of any applicable laws, regulations, or rules.
Your unauthorized use of materials or features available through the Platform.
If you access the Services through your employer or health plan, PharmSourced will first address applicable claims with your employer or health plan before exercising its rights under this section.

26. Restriction on Export

The Platform is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You agree not to, directly or indirectly, export, re-export, release, or make the Platform accessible from any jurisdiction or country where such actions are prohibited by law, rule, or regulation.

You will comply with all applicable federal laws, regulations, and rules governing exports and will complete any required undertakings—such as obtaining necessary export licenses or other governmental approvals—before exporting, re-exporting, releasing, or otherwise making the Platform available outside of the United States.

27. Commercial Items

The Platform qualifies as commercial computer software, as defined in 48 C.F.R. § 2.101. If you are an agency of the U.S. Government or a contractor for such an agency, your rights to the Platform are limited to those granted to all other end users under the license.

This licensing is provided in accordance with:

48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204 for the Department of Defense and their contractors, or
48 C.F.R. § 12.212 for all other U.S. Government licensees and their contractors.
28. Right to Modify, Revisions, and General Terms

PharmSourced reserves the right to modify these Terms at any time, with changes becoming effective upon posting. Your continued use of the Services after such changes constitutes acceptance of the updated Terms. You agree to review the Terms each time you access the Services to stay informed of any changes.

PharmSourced utilizes Google Analytics, a third-party tracking service, to collect non-personally identifiable information about visitors in aggregate to capture usage and volume statistics. PharmSourced has no access to or control over the cookies used by Google Analytics. The companion Privacy Policy addresses PharmSourced's use of cookies and does not cover the use of cookies by third parties.

If any provision of these Terms is determined to be unenforceable by a court or tribunal of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining Terms will remain in full force and effect.

These Terms, along with the Privacy Policy, SMS Terms of Service, Consent to Telehealth, and any specific plan terms communicated at the time of checkout, constitute the entire agreement between you and PharmSourced regarding the subject matter.

PharmSourced may update these Terms at its sole discretion by revising this posting. You are encouraged to periodically review this page to stay informed of updates. Certain provisions of these Terms may be superseded by specifically designated legal notices or terms found elsewhere on the Platform.

PharmSourced also reserves the right, at its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice.

29. California Consumer Rights Notice

Under California Civil Code Section 1789.3, users of the Services in California are entitled to the following consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted at:

Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
Telephone: (916) 445-1254 or (800) 952-5210

If you wish to contact us directly, you may do so at:
PharmSourced Health & Weight Loss LLC
47 Wood Ave., STE 2
Barrington, RI 02806
Attn: General Counsel
Email: info@PharmSourced.com