Introduction

BY CLICKING “I AGREE”, OR CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, OR USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE ANDROSMD SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.

These Terms of Use ("Terms") apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of products or services (collectively the "Platform"), that are owned, operated, or provided by a Andros Health LLC, or its subsidiaries, divisions, and affiliates ("AndrosMD").

AndrosMD offers the Platform, including all information, tools, services, goods, and products available through the Platform, to you conditioned upon your acceptance of all terms, conditions, polices, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Platform or making any transaction, order, or purchase. By making any transaction, order, or purchase, or by visiting or otherwise using the Platform in any manner, you acknowledge and accept without limitation or qualification, that you have read and understood these Terms and you agree to be bound by them. You also acknowledge, agree, and consent to the terms of our Privacy Policy which is incorporated herein by reference. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Policy, then accessing the Platform is strictly prohibited and you must immediately exit.

By using the Platform, you agree that you are at least the legal age of majority in the jurisdiction in which you reside or, if you are not, that you have obtained parental or guardian consent. The Platform is not targeted for use by children under the age of eighteen, and if you are under the age of eighteen, you are not allowed to use the Platform.

AndrosMD may change these Terms at any time and at its sole discretion. Any changes to the Terms will be effective immediately upon posting on the Platform. Your continued use of the Platform after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms and the Privacy Policy to see if they have been changed.

If we make any material changes, and you have registered to use the Platform, we will also send an email to you at the last email address you provided to us. Your continued use of the Platform after our provision of notice to you will constitute your affirmative acceptance to the modified Terms. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Platform.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE PLATFORM, ARE LEGALLY BINDING, LIMIT ANDROSMD’ LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY ANDROSMD, AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE PLATFORM AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR PLATFORM. These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

AndrosMD Services Overview

The Services may include:

• Providing individuals with information on health care and wellness.
• Providing individuals with access to a physician provider network that includes physicians who are licensed in your state of residence.
• Providing individuals with access to direct mail pharmacy services.
• Providing individuals with access to technology-oriented tools for addressing certain health issues.
• Development and gathering of health care records and health care information with retention of the same for use in healthcare provider appointments, communications, and pharmacy services, all of which are provided by third-party unaffiliated providers.
• Administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services.
• Telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.

The AndrosMD Platform should not be considered medical treatment. You should always talk to an appropriately qualified health care professional for final diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. AndrosMD does not recommend or endorse any specific tests, providers, medications, products, or procedures.

Your Relationship with AndrosMD

AndrosMD makes available to individuals who register as users of the Platform (“Users”) products and services sold or offered by AndrosMD or by third party medical providers, pharmacies, laboratories, or other vendors via our Platform. Our Platform provides access to prescription fulfillment services offered by The Pharmacy Hub, Inc., (the “Pharmacies”) and, from time to time, may offer laboratory services from the following laboratories: [lab names] (the “Labs”).

The Pharmacy Hub Contact Information:

Phone: (888) 958-1382

Address: 15600 NW 15th Ave Ste C, Miami, FL 33169

AndrosMD may also provide individuals with access to one or more of the following medical groups who provide healthcare services through the Platform (the “Medical Groups”): DR TELX. These medical groups employ or contract with physicians who offer certain healthcare services through the Platform (“Providers”). By accepting this Agreement, you acknowledge and agree that any services you receive from the pharmacies, medical groups, laboratories, or providers through the Platform are also subject to this Agreement. The labs, pharmacies, medical groups and providers are third party beneficiaries of this Agreement.

DRTELX Contact Information:

Phone: 1-855-697-5757

Address: 1030 N Center Pkwy Kennewick WA 99336

ANDROSMD IS NOT A MEDICAL PROVIDER AND DOES NOT PROVIDE EMERGENCY SERVICES OF ANY KIND. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

You should not disregard or delay to seek medical advice based on anything that appears or does not appear on this website. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

We do not control, advise, or interfere with the practice of medicine or care by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care and or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that AndrosMD is not a healthcare provider and that by using the Platform, you are not entering into a doctor-patient or other health care provider-patient relationship with AndrosMD. By using the Platform, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and or one or more Providers. Further, we do not control or interfere with any professional services provided by the Labs and Pharmacies, each of which is solely responsible for their provision of professionals rendered via the Platform.

AndrosMD offers an online communication platform for these Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. As set forth below, some of these communications may be by secure video, interactive-audio, text messages or other communicative mediums that may be insecure, and you specifically acknowledge and consent to the utilization of communicative mediums that may be less secure or vulnerable to unauthorized access associated with the Platform.

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

While you are not establishing a doctor-patient or other health care provider-patient relationship with AndrosMD, by using the Platform, you are establishing a direct customer relationship with AndrosMD to use the Platform, including the purchase of any non prescription products or non-medical services sold directly to you by AndrosMD via the Platform. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy.

Notice Regarding Your Financial Responsibility for Services

AndrosMD and the Medical Groups are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care services or supplies and, as such, neither you nor AndrosMD or the Medical Groups may receive payment from such programs for the services or products provided to you by AndrosMD or the Medical Groups. By agreeing to use the Platform, you acknowledge and agree that you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Platform, and neither you nor AndrosMD, the Labs, the Pharmacies, the Medical Groups or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Platform.

Subscription Products and Services

Certain products and services available through the Platform require that you purchase the product and or service on an automatically renewing subscription basis. For subscription-based products and services, your payment method (i.e. credit card or debit card) will be automatically charged at regular intervals as described for that product or service during the checkout process until you cancel your subscription. Your first renewal may be charged early to prevent any discontinuity in treatment.

You may cancel a subscription at any time by contacting the Andros Help Center and directly requesting a cancellation, or by calling (908) 666 0499 to cancel. Cancellation will take effect at the end of the current subscription period. Your subscription will automatically renew for another subscription period unless you cancel at least two (3) days before the applicable renewal processing date of your subscription. We do not offer refunds for partially used subscription periods. We may provide refunds on a case-by-case basis in our sole and absolute discretion. We may offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, charging to your payment device will resume automatically. We may change our subscription plans and prices from time to time.

In order to simplify the process through AndrosMD, you will be presented and be required to pay a single “total” subscription price. If a subscription product you purchase required a consultation with a Provider, and or includes a prescription product that you fill through one of the pharmacies, then the total price you pay includes the amounts charged for use of the Platform. Futhermore, the amounts charged by the pharmacy for the prescription drug(s) and the amount charged by the Medical Group for the services of the Provider, are collected on behalf of and paid to the Pharmacies and Medical Groups.

Additionally, if you complete a doctor consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product is shipped to you by the applicable Pharmacy. The costs associated with the prescription are included in the total charged to you by the service.

Prescription Products

Certain products available through the Platform require a valid prescription by a licensed US healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers. Additionally, you will not obtain a prescription unless the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through one of the Pharmacies by using the Platform or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Platform or by emailing your request to Andros Help Center. Prescriptions may also be transferred among the Pharmacies without notice.

Please note, not all prescriptions fulfilled by the Pharmacies use child-resistant packaging and your prescription product may not be dispensed in a child-resistant container.

Prescription products available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.

Laboratory Services

Laboratory products services available through the Platform, including at-home testing kits and services, typically require a valid prescription or order by a licensed healthcare provider. You will not be able to obtain such laboratory services unless you have completed a consultation with one of the Providers and the Provider has prescribed or ordered the laboratory product and or service.

Laboratory products and services offered through the Platform can only be ordered and fulfilled through the laboratories and are not available through local laboratories. If you receive laboratory products and/or services from a laboratory through the Platform, the applicable testing materials are shipped to you by the platform Lab, and the costs associated with the laboratory products and services are included in the total charged to you by the Platform.

Laboratory products and services available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.

Limited Use and Availability

The AndrosMD Platform and services is currently only available to individuals who are located in states in which we offer the Platform, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement.

By visiting, accessing, registering with or using the Platform, you are representing and warranting to us that when you use the Platform to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation. You also agree to comply with all applicable laws in visiting, accessing, registering with our using the Platform and agree that you will only use the Platform for lawful purposes. Our Platform and service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

Consent to Use of Telehealth Services

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

By using our Platform, you acknowledge the potential risks associated with telehealth services. These risks include but are not limited to the following:

• Information transmitted may not be sufficient—for example, because of poor resolution of images—to allow for appropriate medical or health care decision making by the Provider.
• Delays in evaluation or treatment could occur due to failures of electronic equipment;
• A lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; and
• Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of privacy of your health information, and certain mediums of communication used to communicate with you- such as text messages- may be less secure than others that are commercially available.

Protected Health Information

When you set up an account with AndrosMD, you are creating a direct customer relationship with the company AndrosMD that enables you to access and utilize the various functions of the Platform as a user. As part of that relationship, you provide information to AndrosMD, such as to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” information.

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

The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Platform, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).

By using the Platform, you are agreeing that even if HIPAA does apply to AndrosMD, the Medical Groups, the Providers, the Labs, or the Pharmacies, any information that you submit to AndrosMD that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies or laboratory services by the Labs, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Third-Party Products and Services

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

You agree that AndrosMD shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform, including any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other User or any other entity or individual, you understand and agree that AndrosMD is under no obligation to become involved in such dispute, and you hereby release and indemnify AndrosMD, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “AndrosMD Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Platform or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Ownership of the Platform & Service

The Platform and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the "Content"), are all proprietary and owned or controlled by AndrosMD, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Platform is the exclusive property of and owned by AndrosMD, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property laws to the fullest extent possible.

You may use the Platform only for lawful purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Platform or its related systems or networks. We reserve the right to determine whether or not your use of the Platform is acceptable and to immediately revoke your access to the Platform at our sole discretion.

AndrosMD owns and uses several trademarks on the Platform, including but not limited to AndrosMD and related logos. All rights are reserved by AndrosMD. All other trademarks, brands, and names are the property of their respective owners. Nothing contained in the Platform should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of AndrosMD or such third-party that may own the trademark.

AndrosMD owns and uses several trademarks on the Platform, including but not limited to AndrosMD and related logos. All rights are reserved by AndrosMD. All other trademarks, brands, and names are the property of their respective owners. Nothing contained in the Platform should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of AndrosMD or such third-party that may own the trademark.

Some features of the Platform may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed on public areas of the Platform ("User Content"). All content submitted by you to the Platform may be retained by us indefinitely, even after you terminate your account. By submitting any User Content, you grant to AndrosMD a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Platform with whom you may choose to share your User Content.

Disclaimer and Limitations of Liability

THE PLATFORM AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE PLATFORM ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE PLATFORM AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PLATFORM (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE PLATFORM, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE PLATFORM AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE PLATFORM. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE PLATFORM, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE PLATFORM.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE PLATFORM, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE PLATFORM, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE PLATFORM OR FROM ANY INFORMATION OR MATERIALS ON THE PLATFORM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE PLATFORM.

IT IS POSSIBLE THAT APPLICABLE LAW 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 MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless AndrosMD and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Platform, including use of any good, product, or service purchased through the Platform, (b) violation of these Terms by you, and (c) the acts or omissions of any other User. If you fail to promptly indemnify and defend a covered claim, AndrosMD shall have the right to defend itself, and in such case, you shall promptly reimburse AndrosMD for all of its associated costs and expenses. AndrosMD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

Account, Password, and Security

You may only create and hold one account for your personal use. You are the sole authorized user of your account and agree to provide true, accurate, current, and complete information about yourself in connection with your account. You are responsible for maintaining the security and confidentiality of any password and account number provided by you or AndrosMD for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or account. AndrosMD may assume that any communications it receives through your account have been made by you unless AndrosMD receives notice otherwise. AndrosMD expressly disclaims any liability from misuse of your account. Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, contact AndrosMD immediately at privacy@AndrosMD.com. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Platform. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE PLATFORM BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE PLATFORM IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

Links to Other Websites

The Platform may provide links to other third-party websites ("Linked Sites"). AndrosMD has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. AndrosMD is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by AndrosMD of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of AndrosMD. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. AndrosMD makes no representation or warranty as to any Linked Site content, products, or services, and you agree that AndrosMD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

Third Party Applications

AndrosMD is not responsible for the services provided by any third-party application. If you decide to use any third-party application service, including in connection with AndrosMD, you do this entirely at your own risk. AndrosMD makes no representation or warranty as to any third-party application, products, or services, and you agree that AndrosMD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party application, products, or services made available to you by AndrosMD solely for your convenience. We recommend you review the terms and policies of any third-party applications prior to your use of or access to the same.

Termination and Suspension

AndrosMD may terminate or suspend your right to use the Platform at any time and for any reason. Without limitation, AndrosMD may terminate or suspend your right to use the Platform at its sole discretion, without refunding any unused fees or credit on your account, if you violate any term of this Agreement or any policy of AndrosMD posted on the Platform, or if AndrosMD otherwise finds that you have engaged in unlawful or inappropriate behavior in connection with your use of the Platform. In addition to terminating or suspending your account, AndrosMD reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Platform is terminated or suspended, this Agreement will remain enforceable against you regarding your prior use of the Platform.

Copyright Complaints and DMCA Copyright Agent

AndrosMD complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Platform. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if AndrosMD has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for AndrosMD to determine the legitimacy of the signature and the identity of the signatory;
• Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AndrosMD to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
• Information reasonably sufficient to permit AndrosMD to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note if any notification of claimed infringement does not meet the above requirements, AndrosMD has no responsibility to respond to or act on any such defective notification of claimed infringement.

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

• Your physical or electronic signature, as well as information sufficient for AndrosMD to determine the legitimacy of the signature and the identity of the signatory;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Southern District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

Modifications to the Platform & Services

AndrosMD reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Platform or any content or information on the Platform with or without notice. AndrosMD will not be liable to any party for any modification or discontinuance of the Platform, in part or in its entirety.

Arbitration of All Claims on an Individual Basis

You and AndrosMD agree that any and all disputes or claims that have arisen or may arise between you and AndrosMD that relate in any way to your participation in, use, or access of the Platform, including but not limited to services provided by a AndrosMD Provider, or the actions of AndrosMD or its agents, shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of intellectual property rights. The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this Agreement to arbitrate.

If a dispute arises between you and AndrosMD, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and AndrosMD related to the Platform.

UNLESS YOU AND AndrosMD AGREE OTHERWISE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF. If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and AndrosMD’s right to appeal the court’s decision. All other claims shall be arbitrated.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and held in Broward County, Florida or ay another mutually agreed location.

The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules which can be found online through the JAMS website at https://www.jamsadr.com/.

Governing Law and Venue

This Agreement will be is governed, construed, and enforced under the laws of the State of Florida, without regard to choice of law principles. Any action arising under or related to this Agreement shall be filed in a state or federal court located in Palm Beach County, Florida (except for small claims court actions which may be brought in the county where you reside). You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.

Severability

You and AndrosMD agree that if any portion of these Terms is found illegal or unenforceable, that portion will be construed to be enforceable to the maximum extent permitted by law and the remainder of the Terms will remain valid and enforceable to the maximum extent permitted by law.

No Agency

No independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.

Entire Agreement & Notice

These Terms, including the Privacy Policy, constitute the entire agreement between you and AndrosMD with respect to the Platform and supersedes any previous version of these Terms. Failure by AndrosMD to enforce any provision of these Terms will not be construed as a waiver of any provision or right. These Terms will inure to the benefit of AndrosMD and its successors and assigns.

You agree that we will provide notices and messages to you in the following ways: (1) within the Platform, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. You further agree that other than inquiries or notices where separate contact information is specified herein (such as DMCA or security reporting), you will contact us directly with any inquiries or notices regarding these Terms via email at support@AndrosMD.com.

AndrosMD Short Code and Email Terms of Service

By opting-in to receive text (SMS) messages from AndrosMD or by sending AndrosMD an initial text message (an "SMS Enrollment"), you consent to receiving text messages regarding your AndrosMD account and use of the Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from AndrosMD.

With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from AndrosMD, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from AndrosMD, or from AndrosMD to you, and (4) neither AndrosMD, nor your or AndrosMD’ mobile carriers, will be liable for delayed or undelivered messages.

Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from AndrosMD, and you can opt-out of any of AndrosMD’ SMS services at any time by texting "STOP" to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message "STOP" to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from AndrosMD, you will need to opt-out of each AndrosMD SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from AndrosMD that you have opted-in to receive but have not unsubscribed from.

You also understand that while AndrosMD takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from AndrosMD are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to AndrosMD, and receiving text messages from AndrosMD, that are not encrypted. Likewise, by emailing AndrosMD or giving AndrosMD your email, you consent to receiving unencrypted emails messages from AndrosMD.

If you are experiencing any issues with AndrosMD’ text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at support@AndrosMD.com. If you have questions specific to your text or data plan, please contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy: https://www.AndrosMD.com/privacy-policy

Incorporation of General Terms

Unless expressly stated otherwise in these Program Terms, all provisions of AndrosMD’ General Terms of Platform apply to your participation in the Subscription Savings Program. In the event of any conflict between these Program Terms and the General Terms, these Program Terms shall govern solely with respect to matters specific to the Program. By enrolling in the Program, you acknowledge and agree to be bound by both these Program Terms and the General Terms.

Questions and How to Contact Us

If you have any questions regarding these Terms or otherwise need to contact us, please email us at support@AndrosMD.com or call us at 908-666-0499 .