Terms of Use

These Terms of Use (the “Terms”) describe your rights and responsibilities with regard to the MedsRX website at medsrxnow.com (the “Website”), owned and operated by Metabolic Health Advisors (“MedsRX,” “we,” “us,” or “our”). “You” and “your” refer to the person using the Website. By accessing or using the Website, creating an account, completing an intake, or purchasing any product or service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and by our Privacy Policy, HIPAA Notice, and Refund & Cancellation Policy, each incorporated here by reference. If you do not agree, do not use the Website.

Even if you arrived at the Website through a website or application operated by a third party, you understand and agree that these Terms are entered into between you and Metabolic Health Advisors, and that the Website and all services provided under these Terms — except the Health Care Services described in section 3 — are provided by us.

When you use the Website you affirmatively consent to conduct business electronically with us and to engage in health-oriented activities with the independent health professionals and professional entities affiliated with us, and these electronic processes have the same force and effect as your written signature. You consent to receive disclosures, messages, notices, and other communications at the mobile number and email address you provide. You understand that you have the right to select any health care provider and any pharmacy, and that by using the Website you affirmatively choose to use the clinicians and pharmacies available through the Website.

We reserve the right, in our sole discretion, to amend these Terms in whole or in part at any time and for any reason, without penalty or liability to you or any third party. You can determine when these Terms were last revised by referring to the “last updated” date above. If you use the Website after amended Terms are posted, you will be deemed to have agreed to them. If any provision is not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.

The Website is intended to facilitate the following (the “Services”): the development, gathering, and retention of health care records and information for use in clinician encounters and communications; administrative support for scheduling and payment of clinical services; administrative support for coordinating optional fulfillment and payment of laboratory or screening testing, weight-management services, and prescription medications ordered by clinicians; and technology and telecommunications support enabling direct access to independent clinicians for communication, consultations, assessments, and treatment.

The Website gathers information from you so that an affiliated clinician can determine whether a prescription, lab test, or other treatment is appropriate for you, including health information (such as past and present conditions, medications, weight, and blood pressure), diagnostic test results where applicable, and personal information (such as your name, location, and demographic information) (collectively, “Your Information”). After reviewing Your Information, the clinician, in his or her independent professional judgment, will determine whether to prescribe medication or other treatment, or to recommend that you consult alternative clinical resources (the “Health Care Services”).

You consent to our sending and disclosing Your Information to affiliated professional entities and their clinicians so that you may receive Health Care Services, and to our delivery of Your Information to affiliated and unaffiliated pharmacies, laboratories, and testing companies as part of coordinating fulfillment and payment for testing, prescription medications, and medical devices recommended as part of your care.

MedsRX is not a pharmacy, not a medical practice, and not an insurer, and is not licensed to practice medicine or pharmacy. All clinicians who deliver Health Care Services through the Website are independent professionals contracted with or employed by affiliated professional entities and are solely responsible for the care they provide. We do not control or interfere with clinical decision-making. You understand and agree that we are not responsible for Health Care Services or your use of them, including any personal injury or property damage. Membership, program, or platform fees are not insurance, are not a substitute for health insurance, and are generally not reimbursable by insurance.

To use the Services you must be 18 years of age or older, live in a U.S. state or territory where the Services are available and where our affiliated clinicians are licensed, be capable of entering a binding contract, and agree to be legally bound by these Terms. You must have a compatible computer or mobile device, internet access, and the necessary software. Fees and charges from your carrier or internet provider may apply to your use of the Website.

The Services are currently available only to individuals located in certain states, and that list is subject to change from time to time in our sole discretion. Access to specific medications, doses, and pharmacies may also vary by state and by pharmacy availability.

Some parts of the Website are publicly accessible, but you must register an account to access the Services. The Website may be unavailable at any time, for any period, and for any reason, and we are not liable for any such unavailability. Consistent with applicable law, any data you enter or submit through the Website (“User Data”) may be used, copied, and displayed by us, and may be provided to our service providers, successors and assigns, and to clinicians and their affiliated professional entities in performance of the Services.

• All of Your Information is accurate, complete, and current, and you will maintain and update it.
• Your permission to use the Website is personal to you. You will keep your username and password confidential, exit your account at the end of each session, and change your password promptly if you believe it has been compromised.
• You are responsible for all activity under your account. You may not share your credentials, create more than one account, or use anyone else's account.
• You will notify us immediately of any unauthorized use of your account or any other security breach through our contact page.
• You may be asked to provide additional information for the purpose of providing Health Care Services or filling a prescription. You may withhold requested information, but if you do you may be unable to use the Services.
• Provision of Health Care Services depends on the completeness and accuracy of Your Information. We cannot verify all of Your Information and are not responsible for consequences if it is inaccurate or incomplete. We may suspend or terminate your account and your use of the Services if Your Information is inaccurate, incomplete, or not maintained, or if we have reasonable grounds to suspect misuse, fraud, or chargeback abuse.

As applicable, you designate MedsRX as your designated representative to pick up your prescription from the dispensing pharmacy and arrange for it to be sent to you at the address you provide. You also direct MedsRX and its affiliates to provide you with access to any laboratory test results generated as part of the Services provided to you.

The Website is structured for use specific to certain Health Care Services and is not, and should not be considered or used as, comprehensive medical advice, care, diagnosis, or treatment. Always seek the advice of your physician or another qualified health care provider with any questions about your health, medical conditions, or medications, and before starting or stopping any course of treatment. This service is not for emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room. If you are in crisis, call or text 988.

Completing an intake and paying applicable fees does not guarantee that a clinician will prescribe any medication. A clinician may determine that treatment is not appropriate for you, may recommend a different treatment, or may require additional information, labs, or a follow-up visit. Neither MedsRX nor any clinician guarantees that a specific medication will be prescribed if requested. Clinicians provide care consistent with prevailing standards of practice but make no assurance or guarantee as to results; individual results vary.

Telehealth (used interchangeably with telemedicine) involves the use of electronic communications and information technology to enable a clinician and a patient in different locations to communicate and share patient health information for the purpose of rendering health care services, including assessment, diagnosis, treatment, prescribing, follow-up, and patient education. This consent is effective and binding across all telehealth sessions or services rendered by affiliated clinicians through the MedsRX platform, and remains in effect until revoked.

Electronic transmissions

Transmissions may include the completion, exchange, and review of medical information (health records, images, device output, sound and video files, diagnostic and lab results) through asynchronous messaging, two-way interactive audio, or two-way audio and video; treatment recommendations based on that review; delivery of a consultation report with a diagnosis, treatment plan, and/or prescription; refill reminders; and other transmissions necessary to render care. Consultations may be asynchronous (clinician review of your written intake and photos, without a live visit) or synchronous (live audio or video), depending on your state and clinical circumstances. With this consent, a telehealth session may be recorded for quality review, operations, training, research, and safety purposes.

Benefits

Telehealth improves access to clinicians by allowing you to consult from home or work, and improves efficiency of medical evaluation and management.

Risks

• Technical problems such as video or sound quality or connectivity issues that may require an encounter to be rescheduled.
• Although measures are in place to prevent it, security protocols could fail, causing a breach of privacy of personal medical information.
• The clinician's inability to conduct a hands-on physical examination of you and your condition.

Patient acknowledgements

• If you are experiencing a medical emergency you will dial 911 immediately; the clinician cannot connect you directly to local emergency services.
• You have the right to withhold or withdraw consent to the use of telehealth at any time without affecting your right to future care or treatment.
• Federal and state law require clinicians to protect the privacy and security of health information. You are entitled to all confidentiality protections under applicable law, and all reports resulting from a telehealth visit are part of your medical record.
• A clinician's advice and decisions may be based on factors outside his or her control, including incomplete or inaccurate information provided by you. You must provide complete and accurate information about your medical history, conditions, and current or prior care. The clinician may not have access to your full medical record.
• There is no guarantee that treatment will be effective for every patient.
• The laws of the state in which you are located apply to your receipt of telehealth services.
• You have the right to review and receive copies of your medical records, including information obtained during a telehealth interaction, subject to applicable policies and law.
• Telehealth services are not a replacement for your primary care physician or annual check-ups. You may seek in-office care at any time.
• Neither MedsRX nor the affiliated clinicians are online pharmacies, and MedsRX does not control or supervise any prescribing decision.
• Any prescription obtained through the platform will be used only for its intended use, by the patient for whom it was prescribed, and will not be shared or resold.
• You release and hold harmless MedsRX and the affiliated clinicians from any loss of data or information due to technical failures associated with the telehealth service.
• You will be given information about tests and treatments, as applicable, including benefits, risks, possible complications, and alternatives.
• Failure to comply with these Terms may result in termination of your ability to use the telehealth services.

You may use any pharmacy you choose. If you obtain medication through a pharmacy in our network, you acknowledge that compounded medications are not FDA-approved and are not evaluated by the FDA for safety, effectiveness, or quality, and are prepared pursuant to a valid prescription for an individual patient. Pharmacies are independent third parties solely responsible for dispensing, labeling, and shipping.

When you submit Your Information for Health Care Services, you agree to pay all fees due and you authorize us, our affiliates, or our third-party payment processors to store your payment method and charge the amounts you owe, including recurring plan charges and the recurring clinician consultation fee. Amounts we collect may include fees charged by clinicians for Health Care Services. Neither MedsRX nor any clinician has an obligation to provide Services until payment has been received and verified. Professional services delivered as part of the Health Care Services are not likely to be covered by insurance or government health care payors, and no claims will be submitted for coverage.

Payment is collected at intake so your clinical review can begin. If a clinician determines that treatment is not appropriate for you, we refund the full amount you paid except the clinician consultation fee, which covers the medical review already performed and is never refundable.

Your final charge may vary depending on the medication, strength, and dose the clinician actually prescribes and on the pharmacy that fills it. If the amount differs from the amount quoted at intake, our support team will notify you before the adjusted amount is charged. Prices, plans, and promotions may change at any time; the price shown at checkout governs that purchase. Applicable taxes and shipping, where charged, are shown before you confirm.

Monthly plans renew automatically until cancelled. To avoid the next charge, cancel at least 2 business days before your renewal date through your account or by contacting support; cancellations received after a charge or after a shipment has been prepared take effect the following cycle. Prepaid multi-month plans are discounted and are non-refundable if you stop treatment early; unused value remains available as account credit toward future shipments. We cannot accept returns of prescription products for reuse or resale, and shipped medication cannot be returned or refunded. If a payment fails, we may retry it, pause your treatment, and suspend your account until the balance is cleared. Filing a chargeback instead of contacting support may result in account termination and collection of amounts owed. If you believe an error was made in filling your prescription, message us through your MedsRX account. Full details are in our Refund & Cancellation Policy.

Prescriptions are valid only for the period and quantity the clinician authorizes and may expire before your plan term ends. Continued treatment may require you to complete check-ins, submit updated weight or measurements, obtain laboratory work, or complete a follow-up visit. A clinician may adjust, pause, or discontinue your prescription at any time for clinical reasons, and may decline to continue treatment if you do not complete required follow-up. Purchasing a plan does not entitle you to a specific medication, dose, or number of refills.

Medication is dispensed and shipped by independent licensed pharmacies. You are responsible for providing an accurate, current shipping address and for retrieving temperature-sensitive shipments promptly and refrigerating them as directed. Delivery timelines are estimates and may be affected by clinical review, pharmacy processing, carrier delays, or weather. Risk of loss passes on delivery by the carrier. Report a lost, damaged, or heat-exposed shipment to support promptly so the pharmacy can determine whether a replacement is appropriate; medication cannot be returned or reused once delivered.

You consent to receive communications from us and from clinicians and pharmacies electronically, including by email, SMS, and automated or prerecorded calls, at the contact information you provide, for care, transactional, and (where you opt in) marketing purposes. These communications may include follow-up instructions, educational information, and prescription information, and may be sent through unsecured channels at your direction. Message and data rates may apply under your wireless plan. Reply STOP to opt out of texts or use the unsubscribe link in emails; you may still receive care-related and administrative messages. Consent to marketing messages is not a condition of purchase.

You will not use, or encourage or permit others to use, the Website except as expressly permitted in these Terms. You will not:

• Use the Website for any purpose that infringes or violates the rights of any third party, violates applicable law, or is prohibited by these Terms, including submitting false information, impersonating another person, or attempting to obtain medication for someone else or for resale.
• Use the Website on a mobile device running a modified or "jailbroken" operating system, which may undermine security features intended to protect your information; such use is a material breach of these Terms.
• License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Website or related materials.
• Use or access the Website to create or develop competing products or services, or for any purpose to our detriment or commercial disadvantage.
• Take any action that could damage, disrupt, disable, impair, overburden, or interfere with the Website or its content.
• Violate the security of, or attempt to gain unauthorized access to, the Website or any computer network, or circumvent any security device or technological measure.
• Transmit any virus, Trojan horse, or other harmful code.
• Remove, alter, or obscure any trademarks, warranties, disclaimers, or intellectual property notices.
• Use any manual process or automated device to monitor, scrape, or copy content on the Website, or reverse engineer any part of it.
• Copy, download, store, publish, transmit, aggregate, or otherwise reuse any data, text, reports, or other materials from the Website except as expressly permitted.
• Encourage or enable any other individual to do any of the foregoing.

Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable license to view, access, and use the Website and its content solely for your personal, non-commercial use. As between you and us, Metabolic Health Advisors is the sole and exclusive owner of all right, title, and interest in and to the Website and its content, features, and functionality, and all intellectual property rights therein. Names, logos, and other materials displayed on the Website may be trademarks of Metabolic Health Advisors or its affiliates and may not be used without express written permission. All rights not expressly granted are reserved.

If you send us reviews, testimonials, suggestions, or other feedback, you grant us a non-exclusive, royalty-free license to use it to operate and improve the service. We may also create and use de-identified or aggregated information — data that no longer identifies you under HIPAA’s de-identification standard — for analytics, quality improvement, and research. This license covers only de-identified and aggregated data; we do not license or sell your protected health information, and identifiable health information is handled solely as described in our Privacy Policy and HIPAA Notice.

The Website may link to or rely on third parties, including clinician groups, pharmacies, labs, payment processors, and shipping carriers. Linked sites are not under our control, we are not responsible for their information, products, services, or content, and inclusion of a link does not imply endorsement. Your use of linked sites is at your own risk. You may have arrived at the Website through a linked site, including one controlled by an affiliate; only these Terms apply to your use of the Website.

The Website and the Services are provided on an “as is” and “as available” basis, and your use is at your sole risk. To the fullest extent permitted by law, we and our officers, directors, managers, members, employees, and agents (“Related Persons”) disclaim all warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, completeness, timeliness, freedom from viruses or malware, and uninterrupted or error-free operation. It is your responsibility to evaluate the accuracy and usefulness of the Website, and you are solely responsible for any damage to your device or loss of data resulting from your use of it.

To the fullest extent permitted by law, neither MedsRX nor its Related Persons or licensors will be liable under any theory for indirect, punitive, special, incidental, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, device damage, system failure, the cost of substitute products or services, or damages for personal or bodily injury or emotional distress, arising out of or in connection with your access to or use of (or inability to use) the Website or any Services, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claims under these Terms is limited to the greater of the amounts you paid us in the twelve months preceding the claim or $100. Some jurisdictions do not allow these limitations, so they may not apply to you. Nothing here limits liability that cannot be limited by law, and these limits do not apply to the independent professional liability of treating clinicians or dispensing pharmacies.

You agree to indemnify, defend, and hold harmless Metabolic Health Advisors and its Related Persons, licensors, and suppliers from and against any third-party claims, demands, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or related to your breach of these Terms, your unauthorized use of the Website, your submission of inaccurate information, or your violation of applicable law.

Please read this section carefully because it requires you and MedsRX to resolve disputes through binding individual arbitration and limits the manner in which you can seek relief.

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, except where the Federal Arbitration Act applies. MedsRX and Metabolic Health Advisors are formed and operated in California. Except for small-claims matters, disputes in which either party seeks equitable relief for alleged unlawful use of intellectual property, and disputes already pending when you first accept these Terms, any claim or dispute relating in any way to your use of the Website or arising out of these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (available at adr.org). Arbitration will occur in the county of your residence or by videoconference, and the arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.

You and we waive any constitutional or statutory right to go to court and have a trial in front of a judge or jury. You and we agree that all claims within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not as a class, collective, or representative action, and that the arbitrator may not consolidate more than one person’s claims or award relief beyond that necessary for the individual claimant. If the class-action waiver is found unenforceable as to a claim, that claim will proceed in court. You may reject this arbitration agreement by contacting us within 30 days of first accepting these Terms.

Any claim relating to the Website or these Terms must be brought within one year after it arises, or it is permanently barred, except where applicable law prohibits shortening the limitations period. This section does not apply to claims of medical malpractice against a treating clinician, which are governed by the clinician’s own agreements and applicable law.

These Terms remain in effect as long as you access or use the Website. You may terminate them at any time by discontinuing use. Your permission to use the Website terminates automatically if you violate these Terms, and we may suspend or terminate your access with or without notice, at any time, for any reason. We may also modify, suspend, or discontinue the Website or any part of it at any time without liability to you. Subject to applicable law, we may maintain, delete, or destroy communications and materials posted to the Website under our record-retention policies. After termination we have no further obligation to provide the Services, except to the extent we are obligated to provide access to your health records or continuing care under applicable legal, ethical, and professional obligations. The following provisions survive termination: disclaimer of warranties; limitation of liability; indemnification; governing law, dispute resolution, arbitration, and class-action waiver; and the miscellaneous provisions below.

As a patient receiving Health Care Services through the Website, you have the right to:

• Considerate and respectful care, and care that is not discriminatory.
• Know the identity and professional status of the clinician providing your care and the state in which he or she is licensed.
• Receive information from your clinician concerning your diagnosis, planned course of treatment, alternatives, risks, and prognosis.
• Refuse any treatment provided through the Health Care Services, unless otherwise required by law.
• Receive a reasonably clear, understandable, itemized bill or receipt and, upon request, an explanation of the charges, including the fees charged for a health care service, diagnostic test, or procedure.
• Privacy and confidentiality of your health information, and to be notified of any breach of unsecured protected health information.
• Withhold or withdraw consent to telehealth at any time without affecting your right to future care.
• Access, inspect, and receive copies of your medical records, and to request an amendment of information you believe is incorrect or incomplete.
• Voice complaints about your care and receive a response, and to file a complaint with the applicable state licensing board.

Some states impose additional requirements for telehealth and weight-management services, and clinicians licensed in your state are subject to the oversight of that state’s licensing board. Complaints regarding a clinician may be directed to the medical board of the state in which you are located; contact us and we will provide the applicable board’s contact information. Where required, we obtain express patient consent before forwarding patient-identifiable information to a third party, and we use current security measures for telehealth, although some risk to privacy remains.

Florida patients: you have rights under the Florida Weight-Loss Consumer Bill of Rights, including the right to receive a written statement of the program’s costs, duration, and risks before starting, and the right to be advised that rapid weight loss may cause health problems. California patients receive the equivalent disclosures required by California law. Residents of states with fee-transparency or response-time requirements (including Connecticut, Ohio, Utah, Texas, Kansas, Oklahoma, and Wisconsin) may request the fees charged for any service and our expected response time for electronic messages. Contact us to request a copy of these disclosures at any time.

We reserve the right to remove any content from the Website at any time and comply with the provisions of the Digital Millennium Copyright Act applicable to service providers (17 U.S.C. § 512). If you believe content on the Website infringes your copyright, send a notice to our designated agent through the contact page including: an electronic or physical signature of the person authorized to act for the owner of the right allegedly infringed; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and where it is located on the Website; your address, telephone number, and email address; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the owner’s behalf. We may remove material and terminate repeat infringers.

These Terms, together with the policies incorporated by reference, set forth the entire agreement between you and us regarding their subject matter. If any provision is found invalid, the remaining provisions remain in full force and effect. Headings are for reference only. Our failure to act with respect to any failure to comply with these Terms does not waive our right to act later. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any attempted assignment in violation of this provision is void.

Questions or concerns about these Terms? Reach us through the contact page. MedsRX is operated by Metabolic Health Advisors, formed in California.