The Good Stuff Rx Terms of Service

These Terms apply to all visitors, users, and others who access or use the Services. By accessing or using the Services, you agree that you have read and understand these Terms and our Privacy Policy. If you disagree with any part of the Terms or our Privacy Policy, then you do not have permission to access or use the Services.

Provided you comply with these Terms, The Good Stuff Rx grants you a limited, nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial purposes.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Services and, by accessing or using the Services after changes are posted, you agree to those changes. Material changes will be conspicuously posted or otherwise communicated to you.

The Good Stuff Rx provides technology, administrative services, patient support, and access to telehealth services.

Clinical services available through The Good Stuff Rx are provided through Scriptful, Inc.'s provider network and appropriately licensed healthcare professionals (“Providers”).

Providers are independent contractors who have chosen to provide services through the platform. Providers are NOT employees of The Good Stuff Rx, nor do they otherwise act on behalf of The Good Stuff Rx in providing clinical services. The relationship between you and any Provider is a professional provider-patient relationship to which The Good Stuff Rx is not a party.

PROVIDERS ARE SOLELY RESPONSIBLE FOR THE CLINICAL SERVICES THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING, AND ALL OTHER APPLICABLE PROFESSIONAL OBLIGATIONS, AS WELL AS COMPLIANCE WITH PRIVACY LAW.

Healthcare professionals exercise independent professional judgment and are responsible for clinical evaluation, diagnosis where applicable, treatment recommendations, follow-up requirements, and prescribing decisions.

The Good Stuff Rx does not direct a Provider to prescribe a particular medication and does not guarantee that a requested treatment will be prescribed.

Prescription medications prescribed through the The Good Stuff Rx care experience are dispensed by:

ScriptfulRx dispenses medication only pursuant to a valid prescription from an appropriately licensed healthcare professional.

Pharmacy services and medication availability are subject to applicable pharmacy licensure, state law, product availability, and other requirements.

To access certain Services, you must establish an individual user account (“Account”). You agree that you will not create more than one Account or create an Account for anyone other than yourself.

Unless a particular service expressly provides otherwise, you must be at least 18 years old to use The Good Stuff Rx services intended for adult patients.

You agree to provide true, accurate, current, and complete information about yourself, and to maintain and promptly update that information to keep it true, accurate, current, and complete.

You certify that you are physically located in, or a resident of, the state you identify as your current residency when creating your Account. Telehealth care may only be provided when you are physically located in a jurisdiction where the healthcare professional responsible for your care is legally authorized to provide the applicable service.

You remain responsible for maintaining the confidentiality of your Account password and any other security information related to your Account at all times. The Good Stuff Rx will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account.

Telehealth involves healthcare services delivered through electronic communications when a patient and healthcare professional are in different physical locations.

Telehealth may involve health questionnaires, secure messaging, telephone communications, audio/video consultation, photographs, medical records, laboratory information, electronic prescribing, and other technologies where clinically and legally appropriate.

Telehealth offers potential benefits but also has limitations. In addition to any risks communicated to you by your Provider, there are risks unique to the electronic provision of health services, including the possibility that technical issues may interrupt or prevent the transmission of information.

A healthcare professional may determine that telehealth is not appropriate for your circumstances or that additional information, testing, synchronous consultation, or in-person evaluation is necessary.

Provider availability and consultation requirements may vary by state.

Submitting an intake, creating an account, requesting a medication, completing a consultation, or making a payment does not guarantee that a prescription will be issued.

Prescribing decisions are made by appropriately licensed healthcare professionals using independent professional judgment based on the information available, applicable clinical considerations, and applicable law.

A healthcare professional may:

• request additional information;
• request medical records;
• request laboratory testing;
• require a telephone or video consultation;
• recommend a different treatment;
• recommend in-person evaluation;
• or determine that treatment should not be prescribed.

As with any other healthcare consultation, no results can be guaranteed or assured in connection with the Services. Your Provider may determine that the Services are not appropriate for some or all of your treatment needs and may elect not to provide services to you. Providers also have the discretion to discontinue the provision of services to you at any time and for any reason.

Prescription medications are available only pursuant to a valid prescription issued by an appropriately licensed healthcare professional.

Use prescription medication only as directed by your healthcare professional and the medication's dispensing label.

Never share prescription medication with another person.

Contact your healthcare professional or ScriptfulRx if you have questions regarding your medication or its proper use.

Certain treatment options available through The Good Stuff Rx may involve compounded medications when prescribed for an individual patient and permitted under applicable law.

Compounded medications are not FDA-approved.

They do not undergo FDA premarket review for safety, effectiveness, or quality in the same manner as FDA-approved medications.

The availability of a compounded medication does not mean that it is medically appropriate for every patient.

An appropriately licensed healthcare professional determines whether compounded treatment is appropriate for an individual patient based on that patient's specific medical circumstances and applicable requirements.

ScriptfulRx is the pharmacy responsible for dispensing prescription medications prescribed through the applicable The Good Stuff Rx care experience.

ScriptfulRx is located at:

Prescription fulfillment is subject to receipt of a valid prescription, pharmacy review, medication availability, applicable law, and other pharmacy requirements.

You agree to provide truthful, accurate, and complete information concerning your:

• identity;
• age;
• physical location;
• medical history;
• current and previous medications;
• allergies;
• symptoms;
• health conditions;
• pregnancy or breastfeeding status where relevant;
• prior treatment;
• laboratory results where requested;
• and any other information requested in connection with your care.

You are responsible for providing your Provider with the information that they advise is required in order to provide you with the Services. If you decline to provide that information, the Provider may not be able or willing to provide you with the Services.

Incomplete or inaccurate information can create significant health risks.

You are responsible for notifying your healthcare professional of relevant changes in your health.

The Good Stuff Rx is not an emergency medical service. Do not use The Good Stuff Rx, customer support, or electronic messaging for a medical emergency.

You agree to pay charges disclosed to you before completing a purchase.

Depending on the service, charges may relate to healthcare services, administrative services, medication, pharmacy fulfillment, shipping, subscriptions, or other clearly disclosed services.

If you wish to purchase any product or service made available through the Services, you may be asked to supply certain information relevant to your purchase, including your payment card number, expiration date, billing address, and shipping information. You represent and warrant that you have the legal right to use any payment method you provide.

If the payment information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your card is declined by your financial institution.

The Services may use third-party services to facilitate payment and the completion of purchases. By submitting your information, you grant us the right to provide that information to these third parties, subject to our Privacy Policy.

Additional payment terms displayed during checkout are incorporated into these Terms.

If you enroll in a recurring subscription, you authorize the recurring charges disclosed during enrollment until the subscription is cancelled according to the applicable cancellation terms.

The applicable price, billing frequency, renewal terms, and cancellation process must be presented before enrollment.

Continued treatment remains subject to ongoing medical appropriateness. Payment for a subscription does not guarantee that medication will continue to be prescribed.

The Good Stuff Rx reserves the right, in its sole discretion, to determine eligibility for any promotional offer, and to change, amend, or discontinue promotional offers at any time. No promotional offer is guaranteed to be available to you.

The prices and availability of products and services made available on the Services may change at any time without notice. Prices will be as posted on the Services as of the date and time of your order. Availability may be limited, and some products and services may not be available in certain areas.

Refund and cancellation eligibility may depend on the status of your order and whether services have already been performed.

Factors may include whether:

• clinical review has begun or been completed;
• a consultation has occurred;
• a prescription has been issued;
• the prescription has been transmitted to ScriptfulRx;
• or pharmacy processing or fulfillment has begun.

Refer to the The Good Stuff Rx Refund & Cancellation Policy for applicable terms.

Shipping and processing timeframes are estimates unless expressly stated otherwise.

Medication shipment may depend on:

• completion of required clinical review;
• issuance of a valid prescription;
• pharmacy review;
• medication availability;
• shipping conditions;
• carrier operations;
• weather;
• and other circumstances.

You are responsible for providing an accurate shipping address.

By providing your contact information, you consent to receive communications reasonably necessary to administer your account and services, which may include communications regarding account activity, appointments, provider requests, prescriptions, pharmacy fulfillment, orders, shipping, billing, security, and customer support.

If you opt in to text messages, you agree to receive recurring automated text (e.g., SMS and MMS) messages from The Good Stuff Rx at the mobile number you provided, including messages that may be sent using an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Message frequency may vary.

You can opt out of text messages at any time by replying STOP, and reply HELP for help. Carriers are not liable for delayed or undelivered messages.

Marketing communications are subject to applicable law and your communication preferences.

Your use of The Good Stuff Rx is subject to the The Good Stuff Rx Privacy Policy. Medical information associated with clinical care may also be governed by the Notice of Privacy Practices applicable to the healthcare provider responsible for your care.

Protecting and safeguarding any information you provide through the Services is important to us. Personal information and personal health information will be held in confidence to the extent permitted by law and in accordance with our Privacy Policy and information practices.

To protect the integrity of the Services, The Good Stuff Rx reserves the right at any time, in its sole discretion, to block users from certain IP addresses from accessing the Services.

General educational information presented on the The Good Stuff Rx website does not establish a provider-patient relationship and does not constitute individualized medical advice.

Product descriptions do not establish that a treatment is appropriate for you.

Individualized medical decisions are made during the applicable clinical care process.

The The Good Stuff Rx website, branding, website design, software, graphics, original text, photographs, and other original materials are the property of The Good Stuff Rx or its licensors and are protected by copyright, trademark, and other intellectual-property laws.

The Services are licensed to you, not sold. Nothing in these Terms gives you a right to use The Good Stuff Rx names, trademarks, logos, domain names, or other distinctive brand features without prior written consent.

The Services may be used only for lawful personal purposes unless otherwise authorized.

It is a condition of your use of the Services that you use them only for lawful purposes. You may not:

• impersonate another person or attempt to impersonate The Good Stuff Rx, a Provider, or any other person or entity;
• provide intentionally false, inaccurate, or misleading medical or account information;
• attempt to obtain medication for another person;
• share or resell prescription medication;
• engage in fraud;
• access content or data not intended for you, or attempt to breach security or authentication measures;
• use any robot, spider, or other automatic device or process to access the Services, including monitoring or copying material;
• introduce viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material, or attack the Services via a denial-of-service attack;
• use the Services for any commercial purpose, or reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services except as permitted for personal, non-commercial use;
• transmit unsolicited advertisements, promotions, spam, chain letters, or similar solicitations without our prior written consent;
• submit content that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, violent, or discriminatory;
• stalk, exploit, or harm any individual, including minors;
• promote any illegal activity or advocate, promote, or assist any unlawful act;
• or otherwise interfere with the proper working of the Services or anyone else's use or enjoyment of them.

The Good Stuff Rx may use third-party technology, payment, communications, laboratory, shipping, analytics, security, and other service providers. Use of certain third-party services may be subject to additional terms or privacy practices.

The Services may contain content, products, or services offered by third parties, or links to third-party websites. We have no responsibility for the creation of any such third-party content, including related products, practices, terms, or policies, and we will not be liable for any damage or loss caused by any third-party content.

Healthcare outcomes vary between individuals.

The Good Stuff Rx, Scriptful, Inc., participating healthcare professionals, and ScriptfulRx do not guarantee a particular clinical result, amount of weight loss, symptom improvement, treatment response, or other outcome.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GOOD STUFF RX MAKES NO REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY, OR COVENANT THAT: (I) THE SERVICES AND THEIR CONTENTS WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY, OF MERCHANTABLE QUALITY, OR SUITABLE FOR A PARTICULAR PURPOSE; (II) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS OR ERRORS, WHETHER HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED; (IV) THE SERVICES WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; OR (V) COMMUNICATIONS TO OR FROM THE SERVICES WILL BE SECURE OR UNINTERRUPTED.

IN NO EVENT SHALL THE GOOD STUFF RX OR ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO MEDICAL OR PERSONAL INJURY, INACCURATE INFORMATION, LOST BUSINESS, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR OR YOUR PROVIDER'S USE, MISUSE, OR RELIANCE UPON THE SERVICES, THE INABILITY TO USE THE SERVICES, THE ACTS, OMISSIONS, CONDUCT, CONTENT, OR STATEMENTS OF ANY THIRD PARTY, OR THE HEALTH CARE YOU RECEIVE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THESE TERMS AND ANY AND ALL USE OF THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE SERVICES IN THE 12-MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.

If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (Limitation of Liability) shall survive the termination or expiration of these Terms.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE GOOD STUFF RX AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND DISBURSEMENTS, RESULTING DIRECTLY OR INDIRECTLY FROM: (I) YOUR BREACH OF ANY OF THESE TERMS; (II) YOUR USE, MISUSE, OR RELIANCE UPON, OR INABILITY TO ACCESS OR USE, THE SERVICES; (III) YOUR USE OF OR ACCESS TO ANY LINKED THIRD-PARTY WEBSITES; (IV) ANY CONTENT, MATERIALS, OR INFORMATION YOU SUBMIT; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, LOGIN CREDENTIALS, TRANSMISSIONS, OR DATA; (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (VII) INACCURACY OF INFORMATION YOU ENTER OR ALLOW SOMEONE ELSE TO ENTER INTO THE SERVICES.

This section (Indemnification) shall survive the termination or expiration of these Terms.

The Good Stuff Rx reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Services or any part thereof, with or without notice to you.

The Good Stuff Rx shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.