TERMS OF USE & SERVICE AGREEMENTS

AGREEMENT 1: PRIMARY TERMS OF USE

The following terms govern your general use of the Site and Medical Services

These Terms of Use (“Terms of Use”) are applicable to your access to and use of the AdeptRx website located at adeptrx.org (throughout these Terms of Use, and the website may collectively be referred to as the “Site” or may be referred to individually) and any materials, information, products, or services (“Services”) provided through the Site operated by or on behalf of AdeptRx and/or our owners and/or affiliates (collectively “Company,” “our,” “us,” or “we”) or contracted by AdeptRx and provided by a third party (collectively “Third Party”).

Your access to and use of the Site, and the information and Services available through the Site, are subject to the terms, conditions and notices contained in or referenced in these Terms of Use, as well as any other written agreement between us and you. In addition, when using particular Services on the Site, you will be subject to any posted rules applicable to those Services that may contain terms and conditions in addition to those in these Terms of Use.

By accessing or using the Site, you agree to these Terms of Use, as updated from time to time. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Site or Services. We may revise these Terms of Use at any time and any revisions will take effect immediately upon posting on this Site, unless we state otherwise. Please check this Site periodically for updates.

Privacy Policy

The AdeptRx Privacy Policy and California Privacy Notice are part of these Terms of Use and are incorporated into the Terms of Use by this reference. By accepting these Terms of Use, you agree to our collection, use, and disclosure of information as described in the Privacy Policy and California Privacy Notice as modified from time to time. We encourage you to review the Privacy Policy and California Privacy Notice at adeptrx.org/privacy and adeptrx.org/ccpa

Not Medical Advice

The contents of the Site and Services are for informational purposes only and are intended to assist you in understanding your health. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY MATERIALS, CONTENTS, PRODUCTS, SUPPLIES, INFORMATION, IDEAS, OR ADVICE CONTAINED IN THE APP, AdeptRx, AND/OR SERVICES.

You acknowledge and agree that certain Services provided through the Site and Services, depend on information that you input into the Site. We do not recommend or endorse any drug or product or course of treatment.

We do not recommend or endorse any specific prescription drug or product or health care provider or pharmacy that may be mentioned on the Site. Reliance on any information provided by us, our employees or Third Parties is solely at your own risk. The information provided by the Site and Services is not a basis for diagnosis of any medical condition, disease, or therapy.

YOU ARE ADVISED TO ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT OR ALTERING YOUR EXISTING TREATMENT. THE APP, AdeptRx, AND THE SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOU AND YOUR UNIQUE MEDICAL HISTORY. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU READ OR LEARNED FROM THE APP, AdeptRx, AND/OR THE SERVICES.

Our Services

Services offered through the Site are NOT health insurance benefits or policies and are not intended as a substitute for health insurance. By ordering from adeptrx.org you agree that you may not submit a claim for telemedicine services provided to Medicare, any other federal payor, or any state or private payor.

While there may be a preferred pharmacy used, patient has the ability to direct their prescription to any pharmacy of their choosing. Please email prescriptions@adeptrx.org if you would like to use your own pharmacy before completing your order.

There is no guarantee that a patient will be treated by a provider. As determined by the provider, care or specific treatments may not be appropriate for each patient. Each provider reserves the right to deny care for potential misuse of services or for any other reason if, in the professional judgment of the provider, the provision of services is not medically or ethically appropriate. There is no guarantee that a patient will be issued a prescription and that the decision of whether a prescription is appropriate will be made in the professional judgment of the provider.

Important Contact Information by State

FLORIDA BILL OF RIGHTS FOR WEIGHT LOSS
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.0575.html

CALIFORNIA NOTICE TO CONSUMERS
Medical doctors are licensed and regulated by the Medical Board of California.
(800) 633-2322
www.mbc.ca.gov/
Complaints may be filed online at http://www.mbc.ca.gov/Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it, may be found at http://www.mbc.ca.gov/Consumers/Complaints/Submit_By_Mail.aspx. A hard copy Consumer Complaint Form should be submitted to:
Medical Board of California
Central Complaint Unit
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
The Central Complaint Unit of the Medical Board of California can be contacted by phone at 1-800-633-2322 or 916-263-2382.

TEXAS
Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:
Texas Medical Board
Attention: Investigators
333 Guadalupe, Tower 3, Suite 610
P.O Box 2018, MC-263
Austin, TX 78768-2018
Assistance in filing a complaint is available by calling 1-800-201-9353. For more information, visit www.tmb.state.tx.us
Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas:
Texas Medical Board Attention: Investigations 333 Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC-263 Austin, Texas 78768-2018
Si necesita ayuda para presentar una queja, lame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

KANSAS
It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this State.
This office is maintained under the authority of a person who is licensed to practice the healing arts of Kansas.
Questions and concerns regarding this professional practice may be directed to:
Kansas State Board Of Healing Arts
800 SW Jackson, Lower Level-Suite A
Topeka, Kansas 66612
Phone: (785) 296-7413
Toll Free: 1(888) 886-7205
Fax: (785) 296-0852
Website: www.ksbha.org

The Site and Services are intended for personal, non-commercial use only. Use of the Services is voluntary.
You agree that you are responsible for all phone and data charges you incur through the use of the Site.
We reserve the right to disable the Site or specific features or functionality or make them available to anyone for any reason at any time, without notice or liability to you.
Upon termination or cancellation, your rights of participation in the Services automatically terminate and you must immediately stop use of the Site and the Services under these Terms of Use. Any sections of these Terms of Use which by their nature are intended to survive, shall survive termination or cancellation.
You acknowledge and agree that the Services may be provided by Third Parties, including prescriptions by participating pharmacies. We do not guarantee the quality of the Services or products offered by any Third Party, including but not limited to any participating pharmacy, any vendor, or any service provider. Our Site is provided to you in part as a tool to evaluate an estimated price at the time of pricing search for a particular prescription drug. Our Site and Services do not constitute advice on how to manage your overall prescription drug costs or your health.

Electronic Communications

We may allow you to request and receive pricing information and coupons via communications including, but not limited to, text messaging and email. When you use the Site or send text messages or e-mail to us, you are communicating with us electronically. By using the Services and/or requesting pricing and other information and coupons from us, you are consenting to be contacted with prescription-related information and to receive communications from us electronically by SMS or text messages, emails or by posting notices on the site. SMS consent will not be shared with third party providers. You acknowledge that texting and email are not secure methods of communication and that there may be some risk that the information in the communication(s) could be read by an unauthorized third party. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

AdeptRx Intellectual Property

All content included in, or made available through, the Site, such as text, graphics, logos, designs, data, button icons, images, audio clips, digital downloads, data compilations, specialized content, technical data, documentation, know-how, and software, along with the compilation of such content, is the property of Company or its content suppliers, is protected by United States and international copyright laws, and may be subject to other intellectual property protections, including patent and trademark rights under United States, other national laws, or international law. All elements of the Site, including without limitation the general design of the Site and the content included therein, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Site may be used only for the intended purpose for which it is being made available. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site. The Site, their content, and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed.
All custom graphics, icons, logos, design marks and service names are registered trademarks, trademarks or service marks of AdeptRx and its owners. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of AdeptRx.

Minors and Use of Service as a Legal Guardian

You must be 18 years of age or older to access or use the Site. By using the Site, you represent that you are 18 years of age or older. If you use the Site as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Your Conduct

You agree to comply with all laws, rules, and regulations applicable to your use of the Site. In addition, when using the Site, you agree to:

  • Not take any action that interferes with the proper working of the Site, compromises the security of the Site, or otherwise damages the Site or any materials and information available through the Site.
  • Not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others.
  • Not attempt to gain unauthorized access to any portion or feature of the Site, to any other systems or networks connected to the Site, to any of our servers, or to any of the Services offered on or through the Site, including but not limited to by hacking, password “mining,” or any other unauthorized means.
  • Not probe, scan, or test the vulnerability of the Site or any network connected to the Site.
  • Not attempt to breach the security or bypass the authentication measures on the Site or any network connected to the Site.
  • Not upload or transmit any viruses, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment to the Site.
  • Not use the Site, or any Service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, other than your own information, or the information of a person in which you are legally authorized under applicable law to manage his or her care (such as a child or parent), or information that we make available to you through the Site.
  • Not use any automated means to collect information or content from or otherwise access the Site, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
  • Provide accurate and current information, and not to provide information that attempts to impersonate another individual.
  • Maintain and promptly update such information to keep it accurate and current.
  • Be financially responsible for all use of the Site.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the above provisions.

Marketing

Regardless of whether you have chosen to opt out of certain marketing offers from us, by using the Site you agree that we may market our services and the services of other companies on the Site through the use of banner ads, “hyper-links”, and other similar marketing devices. Products offered will be at our sole discretion and may be provided by us and/or companies not affiliated with us. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. We do not legally endorse or guarantee products or services provided by non-affiliated companies.

Accuracy of Information

We attempt to be as accurate as possible in the provision of the Services made available through the Site. Despite our efforts, the information on the Site and/or provided through the Services may occasionally be inaccurate, incomplete, or out of date. If a price referenced through the Site is not as described, your sole remedy is to accept the correct pricing or forgo the transaction.
WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THE SITE OR PROVIDED AS PART OF THE SERVICES. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY OR OBLIGATION TO MAINTAIN THE ACCURACY OF, OR UPDATE ANY SUCH INFORMATION, AND AGREE THAT YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

Links to Other Sites

Our Site may include links to external third-party websites and online services that are not under our control. We are not responsible for the collection, use, and disclosure of your information on those websites and other online services provided by those third parties. We encourage you to review the privacy policies and terms of use of each website and other online service you visit. The inclusion of links to external third-party websites and online services does not imply endorsement of, or association with, such websites and online services by us, or any warranty of any kind, either express or implied.

Security and Safety

You understand that the uploading of information to your mobile device in connection with the App and submitting information to the Site is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. All information uploaded to the App may be stored on your mobile device and you understand that the security and safety of your mobile device is your sole responsibility.

Disclaimer of Warranties

WE PROVIDE ACCESS TO adeptrx.org, THE APP, AND SERVICES, INCLUDING SERVICES PROVIDED BY THIRD PARTIES, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES OR CONDUCT OF PROVIDERS OF THIRD PARTY SERVICES. WE DO NOT WARRANT adeptrx.org, THE APP, AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT AVAILABLE THROUGH adeptrx.org, THE APP, AND SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ALERT, NOTIFICATION OR OTHER MATERIAL OR DATA DISPLAYED OR UPLOADED OR DISTRIBUTED THROUGH adeptrx.org, THE APP, AND/OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN adeptrx.org, THE APP, AND SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT adeptrx.org, THE APP, AND/OR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN VIRUSES, WORKS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS; WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTED TO SUCH FEATURES. IF YOU RELY ON adeptrx.org, THE APP, AND/OR THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. BY USING THIRD PARTY SERVICES, YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST US FOR ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE IN CONNECTION WITH USAGE OF THE THIRD PARTY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF adeptrx.org, THE APP, AND THE SERVICES OR INFORMATION, AND HYPERLINKED SITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED SITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Other Limitations of Liability

WE CANNOT AND DO NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF adeptrx.org, THE APP, AND SERVICES. BY ACCESSING THE SITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST US AND OUR RELATED PARTIES AND THIRD PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES – EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE SITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE SITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE COMPANY AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR SERVICES, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

Dispute Resolution

You agree to use the dispute resolution procedures set forth herein with respect to any controversy or claim arising out of or relating to these Terms of Use or their breach. Any dispute between you and Company arising out of or in connection with these Terms of Use will be settled by a binding arbitration in San Diego, California, in accordance with the then-current rules and procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitrator will apply the law in accordance with the laws of the State of California. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that, any provision of law notwithstanding, the arbitrator will have the authority to award the prevailing party its costs and reasonable attorneys’ fees. Any disputes between you and other users of this Site are not the responsibility of the Company.

Changes to These Terms of Use

We reserve the right to modify these Terms of Use, in whole or in part, at our own discretion at any time. Modifications shall be effective immediately upon the linking of modified Terms of Use to the Site. Please check the “last updated” date at the top of this page to determine if these Terms of Use have been modified since you last reviewed them. Your continued use of the Site after that date means you agree to these updated Terms of Use.

Access or Use Outside the United States

Although the Site may be accessed by any user worldwide, the Site and Services are intended only for use by United States residents, are presented solely as a service to visitors and subscribers located in the United States of America (“U.S.”) and its territories, and therefore may not comply with legal requirements of foreign countries. AdeptRx and the App are intended for use only by residents of the United States and its territories. Users residing outside of the U.S. and its territories are not permitted to register or to use the Services.

Governing Law

These Terms of Use are to be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law.

Severability

If an arbitrator or legal authority determines that any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated, and the remaining Terms of Use will remain in force and effect and continue to apply to your use of the Site and our Services.

Entire Agreement

These Terms of Use and any documents expressly incorporated by reference constitute the entire agreement between Company and you pertaining to your use of the Site and supersede all prior agreements, representations and warranties, both written and oral with respect to the Site.

Operation of the Site

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice, and without any liability to you: (a) modify, suspend, or terminate operation of or your access to the Site, or any portion of the Site, including but not limited to for your violation of these Terms of Use; (b) modify or change the Site, or any portion of the Site; and (c) interrupt the regular operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Site.

Contact Us

If you have any questions or concerns about the Site or these Terms of Use, please contact us at support@adeptrx.org

Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Site, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available while using the Site. AdeptRx has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of adeptrx.org or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Use. If you believe any material available via the Site or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing upon said copyright and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is prescriptions@adeptrx.org.




PLATFORM & NON-MEDICAL SERVICES AGREEMENT

Last Updated: [12/28/25]

AGREEMENT 2: PLATFORM & NON-MEDICAL SERVICES AGREEMENT (The following terms are a Supplement to the Primary Terms above. These specific terms govern your paid Subscriptions, Clinician Coaching, and Non-Medical App use. In the event of a billing or non-medical dispute, these terms apply.)

1. SCOPE AND HIERARCHY OF AGREEMENTS

1.1 Relationship to Primary Terms of Use (The “Primary Agreement”)
You acknowledge that your use of the website (adeptrx.org) and your receipt of any Medical Services are governed by the Terms of Use (the “Primary Terms”) provided on the Site. This Platform Agreement is a SUPPLEMENT to the Primary Terms.
The Primary Terms (Document A) govern: The general use of the Site, all Medical Services, your relationship with Medical Providers, and general liability regarding healthcare.
This Agreement (Document B) governs: Your specific access to Non-Medical Services, coaching, the Adept Health subscription, billing for non-medical services, and app functionality.

1.2 Order of Precedence
In the event of a direct conflict between this Agreement and the Primary Terms regarding Medical Services, clinical oversight, or general Site governance, the Primary Terms shall control.
However, regarding specific billing disputes for non-medical subscriptions, cancellation of Adept Health services, or the execution of non-medical coaching programs described herein, this Agreement shall control.

1.3 Purpose of This Agreement
This Agreement governs your access to and use of the AdeptRx Platform and the non-medical services, tools, features, and educational resources made available by Adept Physiology LLC, doing business as AdeptRx (“AdeptRx”).
The purpose of this Agreement is to define:

  • The scope of non-medical services provided by AdeptRx
  • The boundaries between non-medical Platform services and medical services
  • Your rights and responsibilities when using the Platform
  • The limitations, disclaimers, and conditions applicable to non-medical use

This Agreement applies only to non-medical services and Platform functionality unless expressly stated otherwise.

1.4 Non-Medical Nature of AdeptRx Services
AdeptRx operates as a technology-enabled platform and lifestyle execution system that provides access to non-medical services, which may include:

  • Digital tools for task delivery, tracking, coordination, and organization
  • Lifestyle implementation support focused on movement, habits, and adherence
  • General wellness education and informational resources
  • Non-clinical progress summaries generated from user-reported inputs

All services governed by this Agreement are non-medical in nature. AdeptRx does not provide medical diagnosis, medical treatment, medical decision-making, or medical supervision through the Platform under this Agreement.

1.5 Separation From Medical Practice
Medical services — including clinical evaluation, diagnosis, treatment decisions, and prescribing — are provided exclusively by independent Medical Providers operating under separate agreements, licenses, and professional obligations.
This Agreement:

  • Does not govern medical services
  • Does not create a patient-provider relationship between you and AdeptRx
  • Does not authorize AdeptRx to practice medicine, nursing, dietetics, or any regulated healthcare profession

Any medical services you may receive are subject to separate terms, consents, notices, and applicable law, and are outside the scope of this Agreement.

1.6 Scope of Platform Functionality
Within the scope of this Agreement, the Platform may allow you to:

  • Receive suggested routines, tasks, reminders, and execution frameworks
  • Track activity, habits, adherence, and other self-reported information
  • View summaries, trends, or progress representations based on your inputs
  • Access educational materials and general lifestyle resources
  • Communicate through Platform-supported non-medical messaging features

The Platform provides structure and organization only. You remain responsible for how you interpret, execute, and apply any information or tools made available.

1.7 User Responsibility and Independent Judgment
You acknowledge and agree that:

  • You are responsible for determining whether activities are appropriate for you
  • You control your environment, equipment, intensity, pacing, and execution
  • You are responsible for consulting qualified professionals regarding medical conditions, injuries, or health concerns
  • AdeptRx does not supervise or monitor your real-world activity

Nothing in this Agreement should be interpreted as directing, controlling, or supervising your physical actions or lifestyle decisions.

1.8 No Fiduciary Relationship
Nothing in this Agreement or your use of the Platform creates a fiduciary relationship, special relationship of trust, or duty of care beyond those expressly stated herein between you and AdeptRx.

1.9 No Guarantee of Outcomes
AdeptRx does not guarantee specific outcomes, results, or improvements. Outcomes vary based on individual factors, including consistency, execution, health status, environment, and decisions outside AdeptRx’s control. Use of the Platform does not ensure health, fitness, weight loss, or other results.

1.10 Regulatory and Jurisdictional Limitations
AdeptRx makes no representation that the Platform or non-medical services are appropriate or available in all jurisdictions. You are responsible for compliance with applicable laws where you access the Platform. To the extent any provision of this Agreement is found to conflict with applicable law, such provision will be interpreted or limited to the minimum extent necessary to comply with that law.

2. RELATIONSHIP TO MEDICAL SERVICES AND MEDICAL PROVIDER TERMS

2.1 Facilitation of Access to Medical Services
AdeptRx may facilitate access, through separate workflows, to certain medical services provided by independent third-party medical providers (“Medical Providers”). These services may include, where clinically appropriate and permitted by law, telehealth consultations, clinical evaluations, medical decision-making, and the prescription of medications.
AdeptRx’s role with respect to medical services is limited to technology, coordination, and administrative facilitation. AdeptRx does not provide medical care, does not employ Medical Providers to deliver care, and does not control or influence medical judgment or clinical decision-making.

2.2 Independent Medical Providers
Medical Providers who deliver medical services through the AdeptRx Platform:

  • Are independent, licensed professionals or medical entities
  • Practice under their own licenses, professional standards, and legal obligations
  • Exercise independent medical judgment
  • Are solely responsible for the medical services they provide

No provision of this Agreement creates:

  • A physician-patient (or other provider-patient) relationship between you and AdeptRx
  • An employment, agency, partnership, or joint venture relationship between AdeptRx and any Medical Provider

2.3 Separate Medical Terms and Consents
Medical services are governed exclusively by separate terms, consents, notices, and policies presented to you during the medical workflow. These may include, without limitation:

  • Medical consent forms
  • Telehealth consent
  • Notices of privacy practices
  • Prescription-specific disclosures
  • White-label or affiliated medical network terms

By engaging in medical services, you enter into a separate agreement directly with the Medical Provider, not with AdeptRx. This Agreement does not govern medical services.

2.4 No Medical Decision-Making by AdeptRx
AdeptRx does not:

  • Diagnose medical conditions
  • Determine medical necessity or appropriateness of treatment
  • Prescribe, modify, or discontinue medications
  • Interpret laboratory results for clinical decision-making
  • Provide medical opinions or treatment recommendations

All such determinations are made solely by Medical Providers in accordance with applicable law and professional standards.

2.5 Communications Related to Medical Services
Communications related to medical services, prescriptions, or clinical matters occur through separate, designated medical communication channels and are handled by Medical Providers or their authorized clinical partners. General AdeptRx support channels and non-medical Platform messaging features are not intended for medical communications and should not be used for medical concerns.

2.6 Billing and Financial Separation
Fees charged by AdeptRx under this Agreement relate only to non-medical Platform access and non-medical services, unless expressly stated otherwise. Fees for medical services, prescriptions, or clinical care (if any) are governed separately by the Medical Provider’s terms and billing practices. AdeptRx does not control Medical Provider pricing, insurance coverage, reimbursement, or medical billing decisions.

2.7 No Guarantee of Medical Eligibility or Outcomes
AdeptRx does not guarantee that:

  • You will be eligible for medical services
  • A Medical Provider will recommend or prescribe any medication
  • Any particular medical outcome will occur

Eligibility, treatment decisions, and outcomes depend on Medical Provider judgment and individual clinical factors.

2.8 Regulatory Compliance
Medical services provided through Medical Providers are subject to applicable federal and state healthcare laws and regulations. AdeptRx’s Platform services operate independently and are governed by this Agreement. To the extent any provision of this Agreement conflicts with applicable medical regulations, such provision applies only to non-medical services and does not alter Medical Provider obligations.

2.9 Acknowledgment
By using the Platform, you acknowledge and agree that:

  • Medical services are provided solely by independent Medical Providers
  • AdeptRx is not a healthcare provider and does not practice medicine
  • Medical services are governed by separate terms and consents
  • This Agreement governs only non-medical Platform access and services

2.10 Data Sharing and HIPAA Bridge
You acknowledge that AdeptRx collects wellness data ("User Inputs") under this Agreement, which is not initially Protected Health Information (PHI) under HIPAA. However, if you choose to engage with a Medical Provider through the Platform, you expressly consent to AdeptRx sharing your relevant User Inputs (e.g., weight logs, adherence data) with your Medical Provider to facilitate your care. Once your data is shared with the Medical Provider, that copy of the data becomes subject to the Medical Provider’s Notice of Privacy Practices and HIPAA obligations. AdeptRx retains a separate copy of your User Inputs for Platform functionality, which remains governed by the AdeptRx Privacy Policy.

3. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below.

3.1 “Primary Terms” Means the Terms of Use publicly posted on adeptrx.org, which serve as the primary governing document for the Site and Medical Services.

3.2 “Agreement” Means this AdeptRx Platform & Non-Medical Services Agreement, including any updates, modifications, or incorporated policies referenced herein.

3.3 “AdeptRx,” “we,” “us,” or “our” Means Adept Physiology LLC, doing business as AdeptRx, including its officers, employees, contractors, affiliates, and authorized representatives, acting solely in a non-medical capacity under this Agreement.

3.4 “Platform” Means the AdeptRx digital ecosystem, including adeptrx.org and any related mobile or web-based applications, dashboards, tools, interfaces, integrations, and features used for non-medical task delivery, tracking, coordination, communications, and educational access.

3.5 “Non-Medical Services” Means services, tools, features, and resources provided by AdeptRx that are non-clinical and non-diagnostic in nature, including Platform functionality, lifestyle implementation support, general wellness education, and execution frameworks, as governed by this Agreement.

3.6 “Adept Health” Means AdeptRx’s non-medical lifestyle implementation offering, which may include movement programming, physical activity guidance, adherence structure, habit systems, execution support, and general wellness resources, provided on a non-clinical basis and not constituting medical care or Medical Nutrition Therapy.

3.7 “Education Suite” Means general educational modules, content, materials, guides, videos, documents, and informational resources made available through the Platform for learning and informational purposes only.

3.8 “Medical Provider” Means an independent, licensed third-party clinician or medical entity that provides medical services, including telehealth evaluations, medical decision-making, and prescription services, under separate agreements, licenses, professional obligations, and medical terms not governed by this Agreement.

3.9 “Medical Services” Means any medical, clinical, diagnostic, therapeutic, or prescribing services provided by a Medical Provider, including telehealth consultations, evaluations, treatment decisions, and the prescription of medications, which are governed exclusively by the Medical Provider’s own terms, consents, and applicable law.

3.10 “Prescription-Related Communications” Means administrative communications related to an existing prescription, limited to logistics, refill status, or delivery coordination, conducted through designated channels.

3.11 “User,” “you,” or “your” Means any individual who accesses, browses, registers for, or uses the Platform or Non-Medical Services governed by this Agreement.

3.12 “Account” Means the unique user account created to access the Platform and Non-Medical Services, which may include login credentials, profile information, preferences, and associated usage data.

3.13 “Content” Means all text, graphics, images, videos, audio, data, materials, templates, frameworks, software elements, and other materials made available through the Platform, whether owned by AdeptRx or licensed from third parties.

3.14 “User Inputs” Means information, data, entries, responses, activity logs, tracking metrics, or other content submitted by you through the Platform, including self-reported information.

3.15 “Third-Party Services” Means services, tools, software, applications, or platforms provided by third parties that may integrate with or be accessible through the Platform, each governed by their own terms and policies.

3.16 “Subscription” Means a recurring or time-based access plan for Non-Medical Services, Platform features, Adept Health offerings, or Education Suite access, subject to pricing, billing, renewal, and cancellation terms presented at enrollment or checkout.

4. THE PLATFORM

4.1 Platform Overview
The AdeptRx Platform is a technology-enabled, non-medical digital interface designed to support organization, coordination, and implementation of lifestyle-related activities. The Platform provides access to tools, features, and resources that may include:

  • Task delivery, reminders, and execution frameworks
  • Activity, habit, and adherence tracking
  • Progress summaries and trend displays based on user-submitted data
  • Access to non-medical educational materials and resources
  • Non-medical messaging and coordination features
  • Integration with or links to Third-Party Services, where available

The Platform is intended to provide structure and organization, not medical care or supervision.

4.2 Non-Medical Nature of the Platform
All Platform functionality governed by this Agreement is non-medical. The Platform does not:

  • Diagnose or treat medical conditions
  • Monitor users for medical safety
  • Provide real-time monitoring, supervision, or emergency response
  • Make medical determinations or recommendations

Use of the Platform does not replace professional medical evaluation, diagnosis, or treatment.

4.3 Informational and Organizational Role
Information displayed through the Platform — including summaries, trends, reminders, or recommendations — is generated from User Inputs, pre-configured non-medical frameworks, and general educational content. Such information is provided for informational and organizational purposes only. AdeptRx does not verify the accuracy of User Inputs and does not guarantee the completeness or correctness of displayed information.

4.4 User Control and Responsibility
You acknowledge and agree that:

  • You control your actions, environment, equipment, and execution
  • You determine how and whether to follow any tasks or suggestions
  • You are responsible for your pacing, intensity, and safety
  • AdeptRx does not supervise or control your physical activities

Nothing in the Platform should be interpreted as directing or controlling your conduct.

4.5 Platform Availability and Modifications
AdeptRx may modify, update, suspend, or discontinue any portion of the Platform at any time, including features, content, or access methods. AdeptRx does not guarantee continuous availability, uninterrupted access, error-free operation, or compatibility with all devices.

4.6 Third-Party Integrations
The Platform may allow connections to or display data from Third-Party Services. AdeptRx does not control, endorse, or assume responsibility for Third-Party Services, their content, or their practices. Your use of Third-Party Services is governed by their respective terms and policies.

4.7 No Professional Monitoring
AdeptRx does not provide real-time monitoring, supervision, or emergency response. AdeptRx does not monitor your activity for safety, compliance, or medical risk. You are responsible for recognizing when to stop an activity and seek appropriate professional or emergency assistance.

4.8 No Guarantee of Results
Use of the Platform does not guarantee any specific outcome. Results vary based on individual factors outside AdeptRx’s control, including consistency, environment, health status, and execution.

4.9 Changes to Platform Functionality
Platform features and capabilities may change over time. AdeptRx may add, remove, or modify features without prior notice. Continued use of the Platform constitutes acceptance of such changes.

5. ADEPT HEALTH SERVICES (NON-MEDICAL)

5.1 Overview of Adept Health
Adept Health is a non-medical lifestyle implementation service offered through the AdeptRx Platform. Adept Health is designed to provide structured, individualized execution support for movement, nutrition, habits, and general wellness activities. Adept Health is offered as a paid service and includes features and programming that are distinct from general, self-guided Platform resources.

5.2 Tailored Programming and Individualized Structure
Users who enroll in Adept Health receive a tailored, individualized program designed to support their personal goals, preferences, experience level, and self-reported inputs. This tailored programming may include:

  • Individual-specific movement and physical activity programming
  • Individual-specific nutrition structure and dietary frameworks
  • Structured routines, schedules, and execution plans
  • Progression strategies and adherence systems
  • Ongoing non-clinical adjustments based on user-reported data

Because Adept Health is a paid service, users are expected to engage with and follow the tailored program as part of participation; however, execution remains voluntary and subject to user discretion.

5.3 Non-Medical Nature of Tailored Programming
Although Adept Health programs are individualized, all programming remains non-medical and non-clinical in nature. Adept Health does not:

  • Diagnose, treat, or manage medical conditions
  • Provide clinical evaluation or medical decision-making
  • Prescribe or manage medications
  • Provide physical therapy, rehabilitation, or medical supervision
  • Provide Medical Nutrition Therapy or disease-specific dietary treatment

Tailored programming is based on general lifestyle, movement, and nutrition education principles and is not intended to replace medical care or clinical treatment.

5.4 Tailored Nutrition Programming (Non-Medical / Non-MNT)
As part of Adept Health, users may receive individualized nutrition programming intended to support lifestyle implementation and habit formation. Tailored nutrition programming may include:

  • Individual-specific meal structures or dietary frameworks
  • Macronutrient or portion-based guidance
  • Food selection strategies aligned with lifestyle goals
  • Optional meal recommendations or planning tools

Nutrition programming is provided on a non-Medical Nutrition Therapy (“non-MNT”) basis and does not diagnose, treat, or manage disease or medical conditions. While nutrition programming is tailored and included as part of the paid Adept Health service, users retain full control over food selection, preparation, and consumption.

5.5 User Responsibility and Execution
You acknowledge and agree that:

  • You retain full control over whether, how, and to what extent you follow any Adept Health program
  • You are responsible for your execution, pacing, intensity, environment, and equipment
  • You are responsible for your food choices, intake, and dietary decisions
  • You may modify, pause, or discontinue participation based on your personal judgment
  • AdeptRx does not supervise or monitor your real-world activity or dietary behavior

Nothing in Adept Health programming should be interpreted as forcing participation or directing medical care.

5.6 No Guarantee of Results
AdeptRx does not guarantee any specific outcomes, improvements, or results from participation in Adept Health services. Results vary based on individual factors outside AdeptRx’s control, including consistency, execution, health status, and lifestyle variables.

5.7 Relationship to Medical Providers
Adept Health services operate independently from any medical services provided by independent Medical Providers. Medical Providers may consider information generated through Adept Health in their own clinical judgment, but Adept Health itself does not deliver medical care and is governed solely by this Agreement.

5.8 Modification or Discontinuation
AdeptRx may modify, update, or discontinue Adept Health services — including programming formats, content, or delivery methods — at any time. Continued use of Adept Health constitutes acceptance of such changes.

6. REGISTERED DIETITIAN SUPPORT (NON-MEDICAL NUTRITION THERAPY)

6.1 Role of Registered Dietitians
Registered Dietitians (“RDs”) may contribute to the AdeptRx Platform and Adept Health by developing, reviewing, or supporting certain nutrition-related educational materials, frameworks, and resources. RD involvement is limited to general nutrition education, food literacy, and lifestyle-oriented guidance and is provided strictly on a non-Medical Nutrition Therapy (“non-MNT”) basis.

6.2 Scope of Nutrition Content and Resources
Nutrition-related materials available through the Platform may include:

  • General nutrition education and food literacy
  • Meal structure concepts and dietary frameworks
  • Educational recipes and meal ideas
  • Macronutrient and portion guidance
  • Lifestyle-aligned nutrition strategies

All nutrition content is provided for educational and implementation-support purposes only.

6.3 Optional Use of Meals and Food Resources
The Platform may include meals, recipes, meal ideas, or food-related resources intended to support users in applying nutrition concepts. You acknowledge and agree that:

  • Meal and recipe resources are optional and not required
  • You are not obligated to prepare, follow, or consume any meals displayed in the Platform
  • Meals do not constitute a prescribed diet, mandatory meal plan, or enforced nutrition protocol
  • You may choose foods and meals outside of those presented in the Platform

6.4 Tailored Nutrition Programming Within Adept Health
For users enrolled in Adept Health, nutrition programming may be tailored to the individual as part of the paid service offering. This tailored nutrition programming is designed to provide structure, organization, and implementation support, not clinical treatment. Tailored nutrition programming may include:

  • Individual-specific nutrition frameworks or structures
  • Macronutrient or portion-based guidance
  • Food selection strategies aligned with lifestyle goals
  • Optional use of meals or planning tools

Although tailored, all nutrition programming provided through Adept Health remains non-medical, non-therapeutic, and non-MNT.

6.5 No Medical Nutrition Therapy or Clinical Nutrition Care
Neither the Platform nor Adept Health provides Medical Nutrition Therapy (MNT). All nutrition services are designed for the general healthy population. We do not provide:

  • Disease-specific dietary management (e.g., for diabetes, renal failure, or eating disorders)
  • Therapeutic nutrition prescriptions for the treatment of illness
  • Clinical monitoring of nutritional status

If you have a medical condition requiring specific dietary restrictions or management, you acknowledge that AdeptRx nutrition programming may not be suitable for you. You must consult a qualified healthcare provider or a clinical specialist for your specific condition. Nothing provided through RD-supported content should be interpreted as medical advice or clinical nutrition care.

6.6 User Responsibility and Dietary Autonomy
You acknowledge and agree that:

  • All nutrition-related decisions remain within your sole discretion
  • You are responsible for evaluating dietary needs, allergies, intolerances, and health considerations
  • You control food selection, preparation, and consumption
  • AdeptRx does not monitor, supervise, or enforce dietary behavior

6.7 No Guarantee of Outcomes
AdeptRx does not guarantee any nutritional, metabolic, or health outcomes. Results vary based on individual factors, including adherence, health status, genetics, and factors outside AdeptRx’s control.

6.8 Separation From Medical Providers
RD-supported nutrition education provided under this Agreement operates independently from any medical services you may receive from independent Medical Providers. Medical Providers may provide therapeutic nutrition guidance or medical dietary instructions under separate terms, which are not governed by this Agreement.

7. EDUCATION SUITE (INFORMATIONAL AND EDUCATIONAL USE ONLY)

7.1 Overview of the Education Suite
The Education Suite is a collection of general educational materials and learning resources made available through the Platform. The Education Suite is designed to support user understanding of topics related to lifestyle, movement, nutrition, habits, and general wellness. Education Suite content may be accessed independently or alongside other Platform features and services.

7.2 Nature of Educational Content
All content within the Education Suite is provided for informational and educational purposes only. Education Suite materials may include:

  • Written articles, guides, or educational modules
  • Videos, visual aids, or presentations
  • General explanations of concepts related to fitness, nutrition, habits, or wellness
  • Informational tools designed to support learning and awareness

Education Suite content is not personalized medical or clinical advice and should not be relied upon as a substitute for professional evaluation.

7.3 No Medical or Clinical Services
The Education Suite does not provide:

  • Medical diagnosis, treatment, or medical advice
  • Clinical evaluation or medical decision-making
  • Medical Nutrition Therapy
  • Disease-specific or therapeutic guidance

Nothing in the Education Suite should be interpreted as healthcare services or medical recommendations. If you have a medical condition or require medical guidance, you must consult a qualified healthcare provider.

7.4 Voluntary Use and User Discretion
Your use of the Education Suite is entirely voluntary. You may choose whether, how, and to what extent you engage with educational materials. AdeptRx does not require completion of any educational content, and failure to engage with the Education Suite does not restrict access to other Platform features unless expressly stated.

7.5 No Guarantee of Outcomes
AdeptRx does not guarantee that use of the Education Suite will result in any specific outcome, understanding, improvement, or benefit. Outcomes vary based on individual learning, interpretation, and application of information.

7.6 User Responsibility for Application of Information
You acknowledge and agree that:

  • You are responsible for how you interpret and apply educational information
  • Educational materials may not be appropriate for every individual or situation
  • AdeptRx does not control how Education Suite information is used

You should seek professional guidance before applying educational concepts if you have health concerns, medical conditions, or limitations.

7.7 Updates and Modifications
AdeptRx may update, modify, expand, or remove Education Suite content at any time. Educational materials may evolve to reflect new information, formats, or Platform changes.

8. USER RESPONSIBILITIES AND ACKNOWLEDGMENTS

8.1 Accurate Information
You agree to provide accurate, current, and complete information when creating an account, enrolling in services, and using the Platform. You are responsible for maintaining and updating your information as needed. AdeptRx is not responsible for issues arising from inaccurate, incomplete, or outdated information provided by you.

8.2 Personal Responsibility for Participation
You acknowledge and agree that your use of the Platform, Adept Health services, nutrition resources, and Education Suite content is voluntary and undertaken at your own discretion. You are solely responsible for:

  • Determining whether activities, programs, or suggestions are appropriate for you
  • Your execution, pacing, intensity, environment, and equipment
  • Your food choices, intake, and dietary decisions
  • Deciding whether to follow any tailored or general program

AdeptRx does not supervise or control your real-world activities.

8.3 Readiness for Physical Activity and Lifestyle Changes
You are responsible for assessing your physical and mental readiness before engaging in any physical activity or lifestyle changes. You acknowledge that you should consult a qualified healthcare professional before beginning or modifying physical activity, nutrition habits, or lifestyle practices if you have:

  • A medical condition
  • A history of injury or illness
  • Symptoms such as chest pain, dizziness, fainting, or shortness of breath
  • Any concerns regarding your health or safety

8.4 Recognition of Warning Signs
You agree to stop any activity and seek appropriate professional or emergency assistance if you experience concerning symptoms, including but not limited to:

  • Chest pain or pressure
  • Severe dizziness or fainting
  • Unusual shortness of breath
  • Severe pain or injury
  • Signs of allergic reaction

AdeptRx does not monitor your condition and cannot detect such events.

8.5 Appropriate Use of Communication Channels
You agree to use AdeptRx communication channels appropriately, including:

  • Using general support channels for non-medical issues
  • Using designated prescription communication channels strictly for administrative logistics
  • Seeking emergency services via 9-1-1 for urgent or emergency situations

You acknowledge that Platform messaging and email communications are not monitored in real time.

8.6 Compliance With This Agreement and Applicable Law
You agree to comply with this Agreement, all applicable policies, and all applicable laws and regulations while using the Platform. You may not use the Platform for unlawful purposes or in a manner that interferes with Platform integrity or the rights of others.

8.7 Assumption of Responsibility for Results
You acknowledge that outcomes depend on factors outside AdeptRx’s control, including consistency, execution, health status, and personal decisions. AdeptRx does not guarantee results and is not responsible for outcomes resulting from your choices or actions.

8.8 No Reliance on Platform as Medical Care
You acknowledge and agree that:

  • AdeptRx does not provide medical care
  • Platform content and services are not substitutes for medical evaluation or treatment
  • You remain responsible for seeking appropriate medical care when needed

9. ASSUMPTION OF RISK AND LIMITATION OF RELIANCE

9.1 Assumption of Risk
You acknowledge that participation in physical activity, changes in nutrition, lifestyle modification, and use of the Platform, Adept Health services, and educational resources involve inherent risks, including the risk of injury, illness, adverse reactions, or other health-related events. Such risks may include, but are not limited to:

  • Muscle strains, sprains, joint injuries, or overuse injuries
  • Falls, accidents, or equipment-related incidents
  • Cardiovascular events or other unforeseen physical responses
  • Adverse reactions to foods, supplements, or dietary changes
  • Exacerbation of pre-existing conditions

You voluntarily assume all risks associated with your participation and use of the Platform and services, whether known or unknown, foreseeable or unforeseeable.

9.2 Voluntary Participation
Your participation in any activity, program, or recommendation made available through the Platform or Adept Health is entirely voluntary. You acknowledge that:

  • You are free to modify, pause, or discontinue participation at any time
  • You are not required to follow any activity, nutrition framework, or educational content
  • AdeptRx does not compel participation in physical or lifestyle activities

9.3 Limitation of Reliance
You acknowledge and agree that:

  • The Platform provides organizational tools, structure, and educational resources only
  • Adept Health programming, including tailored programs, is non-medical
  • Education Suite content is informational and educational in nature

You agree that you will not rely on the Platform, Adept Health services, nutrition resources, or Education Suite materials as a substitute for:

  • Medical evaluation or diagnosis
  • Medical treatment or prescription decisions
  • Physical therapy or rehabilitation services
  • Clinical nutrition or Medical Nutrition Therapy

9.4 User Control and Execution
You acknowledge that AdeptRx does not control:

  • Your movement form, intensity, or technique
  • Your environment or equipment
  • Your food choices, intake, or preparation
  • Your pace of progression or adherence

All decisions regarding execution and participation remain under your control and responsibility.

9.5 No Monitoring or Supervision
AdeptRx does not provide real-time monitoring, supervision, or emergency response. You are responsible for recognizing when to stop activity and seek appropriate medical or emergency assistance, including contacting 9-1-1 when necessary.

9.6 Release to the Maximum Extent Permitted by Law
To the maximum extent permitted by applicable law, you release AdeptRx and its owners, officers, employees, contractors, agents, and affiliates from claims, liabilities, or damages arising out of or related to:

  • Your participation in physical activity or lifestyle changes
  • Your use of the Platform or services
  • Your reliance on non-medical information or resources

This release does not apply to claims that cannot be waived under applicable law.

10. SUBSCRIPTIONS, FEES, BILLING, AND ACCESS (NON-MEDICAL)

10.1 Subscription-Based Access
AdeptRx may offer access to certain non-medical services through subscription-based plans, including access to the Platform, Adept Health services, and/or the Education Suite. Subscription details — including pricing, billing frequency, renewal terms, included features, and access scope — will be presented at the time of enrollment or checkout and are incorporated into this Agreement by reference.

10.2 Fees and Payment Authorization
By enrolling in a subscription or purchasing access to non-medical services, you authorize AdeptRx (or its payment processor) to charge the applicable fees to your selected payment method. You acknowledge and agree that:

  • Fees are charged in advance of the applicable service period unless otherwise stated
  • All prices are subject to change upon notice as permitted by law
  • You are responsible for applicable taxes, fees, or charges imposed by governmental authorities
  • Failure to maintain a valid payment method may result in interruption or termination of access

10.3 Automatic Renewal
Unless otherwise stated at enrollment, subscriptions may automatically renew at the end of each billing cycle using your authorized payment method. You may cancel automatic renewal at any time through your account settings or by following the cancellation instructions provided at enrollment. Cancellation will take effect at the end of the then-current billing period unless otherwise stated.

10.4 Cancellations and Refunds
Except as required by applicable law, all fees paid are non-refundable. We do not provide refunds or credits for partially used subscription periods, accidental purchases, or dissatisfaction with the non-medical services. If you cancel your subscription, you will continue to have access to the service through the end of your current billing period.

10.5 Suspension or Termination for Non-Payment
AdeptRx may suspend or terminate your access to the Platform or non-medical services if payment is declined, reversed, or otherwise not received. You remain responsible for any outstanding balances incurred prior to suspension or termination.

10.6 Changes to Subscription Plans
AdeptRx may modify subscription offerings, pricing, features, or access levels from time to time. Changes will not affect your current billing period unless otherwise stated. Continued use of the Platform after changes become effective constitutes acceptance of the updated subscription terms.

10.7 Access Limitations
Access to non-medical services is provided for personal use only and is subject to:

  • Technical limitations
  • Platform availability
  • Compliance with this Agreement

AdeptRx does not guarantee uninterrupted access and may restrict features based on plan type, account status, or compliance considerations.

10.8 Separation From Medical Fees
Fees charged under this Agreement apply only to non-medical services, including Platform access, Adept Health services, and educational resources. Fees for medical services, prescriptions, or clinical care (if any) are governed separately by Medical Provider terms and are not controlled by AdeptRx, unless expressly stated in a separate agreement.

10.9 No Insurance or Reimbursement Guarantees
Non-medical services provided by AdeptRx are generally not covered by insurance. AdeptRx does not guarantee reimbursement, insurance coverage, or eligibility for health savings accounts unless expressly stated.

10.10 User Responsibility
You are responsible for:

  • Reviewing pricing and billing terms before enrollment
  • Managing your subscription and cancellation preferences
  • Maintaining accurate billing and payment information

10.11 Acknowledgment
By enrolling in a subscription or purchasing non-medical services, you acknowledge and agree that:

  • You understand the applicable fees and billing terms
  • Charges may recur unless canceled
  • Access is subject to payment and compliance with this Agreement

10.12 App Store Purchases
If you purchased your subscription through a third-party app store (e.g., Apple App Store, Google Play), your billing, cancellation, and refund rights are governed by the terms of that third-party app store. You must manage your subscription settings directly through that third-party account. AdeptRx cannot cancel or refund subscriptions purchased through third-party app stores.

11. ACCEPTABLE USE

11.1 Permitted Use
You may access and use the Platform and non-medical services solely for your personal, lawful, and non-commercial use, in accordance with this Agreement and all applicable laws. You agree to use the Platform in a manner that:

  • Does not interfere with Platform functionality or security
  • Does not infringe the rights of others
  • Complies with all applicable laws and regulations

11.2 Prohibited Conduct
You agree not to engage in any conduct that includes, but is not limited to:

  • Attempting to gain unauthorized access to the Platform, accounts, systems, or data
  • Circumventing, disabling, or interfering with security features or access controls
  • Using the Platform to transmit malware, viruses, or harmful code
  • Scraping, crawling, or using automated tools to access or extract Platform content without permission
  • Reverse engineering, decompiling, or attempting to derive source code from the Platform
  • Misrepresenting your identity or submitting false or misleading information
  • Sharing account credentials or allowing unauthorized access to your account
  • Using the Platform for unlawful, fraudulent, or deceptive purposes
  • Harassing, abusing, threatening, or harming AdeptRx personnel or other users
  • Uploading or distributing content that is defamatory, obscene, or otherwise objectionable
  • Using the Platform in a manner that violates applicable healthcare, advertising, or consumer protection laws

11.3 Content and Communications
You are responsible for any content, information, or communications you submit through the Platform. You agree not to submit content that violates applicable law, infringes intellectual property or privacy rights, or contains harmful, abusive, or misleading material. AdeptRx may remove or restrict content that violates this Agreement or applicable law.

11.4 Enforcement and Consequences
AdeptRx may, in its sole discretion:

  • Monitor Platform usage for compliance
  • Investigate suspected violations
  • Suspend or terminate access for violations
  • Take appropriate legal or administrative action

Enforcement decisions are made to protect Platform integrity, users, and compliance obligations.

11.5 No Obligation to Monitor
AdeptRx is not obligated to monitor user activity or content but reserves the right to do so as permitted by law.

11.6 Reporting Misuse
You may report suspected misuse or violations of this Acceptable Use section by contacting prescriptions@adeptrx.org.

12. COMMUNICATIONS AND TECHNOLOGY LIMITATIONS

12.1 Electronic Communications
By using the Platform, creating an account, or enrolling in services, you consent to receive communications from AdeptRx related to your account, subscriptions, Platform access, and non-medical services through electronic means, which may include:

  • Email
  • SMS or text messages
  • In-Platform messaging or notifications
  • Posted notices within the Platform or on the AdeptRx website

Electronic communications may include transactional messages, service updates, policy notices, and other information related to your use of the Platform.

12.2 Not Real-Time or Emergency Communications
AdeptRx does not provide real-time monitoring, supervision, clinical oversight, triage, or emergency response services through the Platform. You acknowledge and agree that:

  • Platform messaging, in-app communications, email, and SMS messages are not monitored in real time and may not be reviewed immediately or at all.
  • Communications may be delayed, filtered, interrupted, misdirected, incomplete, or undelivered due to technical limitations, system outages, carrier restrictions, or other factors beyond AdeptRx’s control.
  • AdeptRx has no obligation to monitor, respond to, or act upon any Platform communications within any specific timeframe.
  • Platform communications are not intended for, and must not be used for, urgent, emergent, or time-sensitive medical matters, clinical decision-making, or emergency care.

If you believe you are experiencing a medical emergency, worsening symptoms, or any situation requiring immediate attention, you must call 9-1-1 (or your applicable local emergency number) immediately and should not rely on the Platform, messaging features, email, or SMS communications.

12.3 Technology Limitations
The Platform relies on internet connectivity, third-party infrastructure, and user devices. As a result:

  • Service interruptions, delays, errors, or outages may occur
  • Features may not function consistently across all devices or operating systems
  • Data synchronization or display delays may occur
  • Technical issues may arise beyond AdeptRx’s control

AdeptRx does not guarantee uninterrupted, secure, or error-free operation of the Platform.

12.4 User Responsibility for Access and Security
You are responsible for maintaining access to compatible devices and internet connectivity, keeping your login credentials secure and confidential, and notifying AdeptRx of unauthorized account access. AdeptRx is not responsible for losses or issues arising from compromised credentials or user-controlled security failures.

12.5 Message Delivery and Accuracy
AdeptRx is not responsible for undelivered or delayed messages due to carrier restrictions, spam filters, or incorrect contact information, nor for errors resulting from outdated or inaccurate contact details. Messages are deemed delivered when sent to the contact information associated with your account.

12.6 Third-Party Communication Services
AdeptRx may rely on third-party service providers for email, messaging, hosting, analytics, or infrastructure. AdeptRx does not control and is not responsible for failures, outages, or errors caused by such third-party services.

12.7 No Guarantee of Confidentiality in Standard Communications
While AdeptRx takes reasonable measures to protect information, you acknowledge that standard electronic communications may carry inherent risks. You should not transmit sensitive or confidential information through non-secure communication channels unless expressly directed through an appropriate workflow.

12.8 No Reliance on Communications for Medical Care
Communications with AdeptRx under this Agreement are limited to non-medical matters. Medical services and prescription-related communications occur through separate, designated channels and are governed by Medical Provider terms. AdeptRx communications should not be relied upon for medical decision-making.

13. INTELLECTUAL PROPERTY

13.1 Ownership of Platform and Content
The Platform and all content made available through it — including but not limited to software, interfaces, designs, text, graphics, images, videos, audio, educational materials, programs, frameworks, workflows, templates, meal content, and documentation (collectively, the “Content”) — are owned by AdeptRx and/or its licensors and are protected by applicable intellectual property laws. Nothing in this Agreement transfers ownership of any intellectual property rights to you.

13.2 Limited License to Users
Subject to your compliance with this Agreement, AdeptRx grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and Content solely for your personal, non-commercial use during the period of your authorized access. This license is granted only for the purpose of using the Platform and services as intended and does not include any ownership rights.

13.3 Restrictions on Use
You agree not to, and not to permit others to:

  • Copy, reproduce, distribute, display, or publicly perform Platform Content
  • Modify, adapt, translate, or create derivative works from the Platform or Content
  • Sell, license, sublicense, rent, lease, or commercially exploit any portion of the Platform or Content
  • Remove or alter copyright, trademark, or proprietary notices
  • Reverse engineer, decompile, or attempt to extract source code or underlying structure
  • Use Platform Content to create competing products or services

Any use of the Platform or Content not expressly permitted by this Agreement is prohibited.

13.4 Adept Health and Program Content
All Adept Health programming — including tailored movement programs, nutrition frameworks, habit systems, and related materials — remains the intellectual property of AdeptRx, even when customized for an individual user. Access to tailored programs does not grant ownership or reuse rights beyond personal use within the Platform.

13.5 Trademarks
“AdeptRx,” “Adept Health,” and associated logos, names, and branding elements are trademarks or service marks of AdeptRx. You may not use AdeptRx trademarks without prior written permission.

13.6 User Inputs
You retain ownership of content you submit to the Platform (“User Inputs”), subject to the license granted below. By submitting User Inputs, you grant AdeptRx a non-exclusive, worldwide, royalty-free license to use, store, process, display, and analyze such User Inputs for purposes of operating, improving, and providing the Platform and services, subject to applicable law and the Privacy Policy.

13.7 Feedback
If you provide suggestions, ideas, feedback, or recommendations regarding the Platform or services (“Feedback”), you acknowledge and agree that AdeptRx may use such Feedback without restriction or obligation to you.

13.8 Termination of License
Upon termination of your access or this Agreement, all licenses granted to you under this Section automatically terminate, and you must cease use of the Platform and Content.

13.9 Reservation of Rights
All rights not expressly granted to you under this Agreement are reserved by AdeptRx and its licensors.

14. DISCLAIMERS (NON-MEDICAL)

14.1 No Medical or Healthcare Services
The Platform, Adept Health services, nutrition resources, and Education Suite are provided for non-medical purposes only. AdeptRx does not provide medical care, medical advice, diagnosis, treatment, clinical decision-making, or emergency services under this Agreement. Medical services, if any, are provided solely by independent Medical Providers under separate terms and consents. Nothing in the Platform or services should be interpreted as healthcare, medical treatment, or a substitute for professional medical evaluation.

14.2 “As Is” and “As Available”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, CONTENT, AND NON-MEDICAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ADEPTRX EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION

14.3 No Guarantees or Assurances
AdeptRx does not guarantee:

  • Any specific outcomes, results, or benefits
  • That the Platform or services will meet your expectations
  • That content will be accurate, complete, or up to date
  • That errors or defects will be corrected

Results vary based on individual factors outside AdeptRx’s control.

14.4 Reliance at Your Own Risk
Your use of the Platform, Adept Health services, nutrition resources, and Education Suite is at your own risk. You acknowledge that you are responsible for how you interpret and apply information, AdeptRx does not control execution or real-world behavior, and decisions made based on Platform content are your responsibility.

14.5 Third-Party Services and Content
The Platform may include links to or integrations with Third-Party Services or content. AdeptRx does not endorse, control, or assume responsibility for Third-Party Services, content, accuracy, availability, or practices. Your use of Third-Party Services is governed by their own terms and policies.

14.6 Technology and Security Limitations
AdeptRx does not warrant that the Platform will be secure, uninterrupted, or free from errors, viruses, or other harmful components. You acknowledge that technical failures may occur, data transmission over the internet carries inherent risks, and AdeptRx is not responsible for losses caused by technology failures beyond its reasonable control.

14.7 Jurisdictional Limitations
AdeptRx makes no representation that the Platform or services are appropriate or available for use in all jurisdictions. Accessing the Platform from locations where its use is prohibited is done at your own risk.

15. LIMITATION OF LIABILITY

15.1 LIMITATION TO THE MAXIMUM EXTENT PERMITTED BY LAW
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADEPTRX AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, NON-MEDICAL SERVICES, ADEPT HEALTH SERVICES, NUTRITION RESOURCES, OR THE EDUCATION SUITE.

15.2 EXCLUDED DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADEPTRX WILL NOT BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS
  • LOSS OF DATA, CONTENT, OR INFORMATION
  • PERSONAL DISSATISFACTION, FRUSTRATION, OR UNMET EXPECTATIONS

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADEPTRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.3 AGGREGATE LIABILITY CAP
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADEPTRX’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR NON-MEDICAL SERVICES WILL NOT EXCEED THE GREATER OF:

  • THE TOTAL AMOUNT YOU PAID TO ADEPTRX FOR NON-MEDICAL SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
  • ONE HUNDRED DOLLARS ($100) UNLESS A DIFFERENT LIMITATION IS REQUIRED BY APPLICABLE LAW.

15.4 NO LIABILITY FOR MEDICAL SERVICES
ADEPTRX WILL NOT BE LIABLE FOR MEDICAL SERVICES PROVIDED BY INDEPENDENT MEDICAL PROVIDERS, CLINICAL DECISIONS, DIAGNOSES, TREATMENT RECOMMENDATIONS, PRESCRIPTIONS, OR ADVERSE OUTCOMES RELATED TO MEDICAL CARE. ALL MEDICAL SERVICES ARE GOVERNED BY SEPARATE MEDICAL PROVIDER TERMS AND PROFESSIONAL OBLIGATIONS.

15.5 NO LIABILITY FOR USER CONDUCT
ADEPTRX IS NOT LIABLE FOR DAMAGES ARISING FROM:

  • YOUR EXECUTION OF PHYSICAL ACTIVITY, NUTRITION CHOICES, OR LIFESTYLE CHANGES
  • YOUR RELIANCE ON NON-MEDICAL INFORMATION OR EDUCATIONAL MATERIALS
  • YOUR FAILURE TO FOLLOW SAFETY GUIDANCE OR SEEK MEDICAL CARE WHEN APPROPRIATE
  • YOUR MISUSE OF THE PLATFORM OR VIOLATION OF THIS AGREEMENT

15.6 ESSENTIAL PURPOSE
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SECTION IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT ADEPTRX WOULD NOT PROVIDE ACCESS TO THE PLATFORM OR SERVICES WITHOUT THESE LIMITATIONS.

16. INDEMNIFICATION

16.1 USER INDEMNIFICATION OBLIGATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ADEPTRX AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO:

  • YOUR USE OF, OR MISUSE OF, THE PLATFORM OR NON-MEDICAL SERVICES
  • YOUR PARTICIPATION IN PHYSICAL ACTIVITY, NUTRITION PROGRAMS, OR LIFESTYLE CHANGES
  • YOUR VIOLATION OF THIS AGREEMENT OR ANY INCORPORATED POLICIES
  • YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS
  • YOUR USER INPUTS, INCLUDING ANY CONTENT OR INFORMATION YOU SUBMIT
  • YOUR INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY THIRD-PARTY RIGHTS

16.2 SCOPE OF INDEMNIFICATION
THIS INDEMNIFICATION OBLIGATION APPLIES TO CLAIMS BROUGHT BY THIRD PARTIES, OTHER USERS, OR REGULATORY AUTHORITIES (TO THE EXTENT PERMITTED BY LAW), REGARDLESS OF THE LEGAL THEORY ASSERTED.

16.3 DEFENSE AND CONTROL
ADEPTRX RESERVES THE RIGHT, AT ITS OPTION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION. IN SUCH CASES, YOU AGREE TO COOPERATE REASONABLY WITH ADEPTRX IN THE DEFENSE OF THE CLAIM. YOU MAY NOT SETTLE ANY CLAIM SUBJECT TO INDEMNIFICATION WITHOUT ADEPTRX’S PRIOR WRITTEN CONSENT.

17. DISPUTE RESOLUTION AND ARBITRATION (CARVE-OUT)

17.1 Dispute Resolution for Non-Medical Matters
To the extent permitted by the Primary Terms: Any dispute, claim, or controversy arising solely out of this Agreement, the Platform, or any non-medical services provided by AdeptRx, including disputes regarding Adept Health subscriptions, billing for non-medical services, or coaching dissatisfaction (a “Non-Medical Dispute”), shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable arbitration rules.

17.2 Venue for Non-Medical Disputes
For such Non-Medical Disputes, unless otherwise agreed by the parties, the arbitration shall take place in New Jersey or be conducted remotely by video conference or written submissions, at the arbitrator’s discretion.

17.3 Deference to Primary Terms
Any dispute involving Medical Services, clinical negligence, or the general operation of the Site as defined in the Primary Terms shall remain subject to the dispute resolution procedures (including Venue and Governing Law) set forth in the Primary Terms (Document A).

17.4 Excluded Matters
The following matters are not subject to arbitration and may be brought in court to the extent permitted by law:

  • Claims seeking injunctive or equitable relief to protect AdeptRx’s intellectual property or confidential information
  • Small claims matters eligible to be filed in small claims court, provided the action remains in that court and is brought in the appropriate jurisdiction

17.5 WAIVER OF JURY TRIAL
YOU AND ADEPTRX EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE COVERED BY THIS SECTION.

17.6 CLASS ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT:

  • YOU MAY NOT BRING A DISPUTE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION
  • THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING

18. GOVERNING LAW

18.1 Applicable Law for Non-Medical Disputes
Notwithstanding any governing law provision to the contrary in the Primary Terms, for any dispute arising solely out of this Agreement (Non-Medical Disputes), this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-law principles.

18.2 Primary Terms Prevail
If a court or arbitrator determines that the Primary Terms must apply to the entire relationship due to the nature of the dispute (e.g., a mixed dispute involving both medical and non-medical issues), the Governing Law set forth in the Primary Terms shall apply.

19. CHANGES TO THIS AGREEMENT

19.1 Right to Modify
AdeptRx may update, revise, or modify this Agreement from time to time to reflect changes in the Platform, non-medical services, applicable laws or regulations, business practices, or operational requirements.

19.2 Notice of Changes
When changes are made to this Agreement, AdeptRx will make the updated version available through the Platform or on the AdeptRx website and will update the “Last Updated” or “Effective Date” at the top of the Agreement. For material changes that significantly affect your rights or obligations (such as price increases or liability changes), AdeptRx will provide reasonable advance notice via email or a prominent in-app notification. If you do not agree to the updated Agreement, your sole remedy is to discontinue use of the Platform and any non-medical services governed by this Agreement.

19.3 Effective Date of Updates
Unless otherwise stated, updates to this Agreement become effective on the date they are posted. Continued access to or use of the Platform after the effective date of an updated Agreement constitutes your acceptance of the revised terms.

19.4 Relationship to Other Terms
Updates to this Agreement apply only to the non-medical Platform access and services governed herein. Medical services, if any, remain governed by separate Medical Provider terms, consents, and notices, and changes to this Agreement do not modify or replace those medical terms.

20. ENTIRE AGREEMENT AND SEVERABILITY

20.1 Integration
This Agreement, together with the Primary Terms and Privacy Policy, constitutes the entire agreement between you and AdeptRx regarding the subject matter hereof.

20.2 Operational Scope
This Agreement does not supersede the Primary Terms but operates alongside them to govern the specific Non-Medical Services. If any provision of this Agreement is found to be inconsistent with the Primary Terms regarding Medical Services, the Primary Terms shall prevail.

20.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.

21. CONTACT AND SUPPORT

21.1 How to Contact AdeptRx (Non-Medical Matters)
Questions regarding this Agreement, the Platform, billing, subscriptions, account access, technical issues, or other non-medical matters may be directed to AdeptRx using the following contact information:
Email: prescriptions@adeptrx.org
Website: https://adeptrx.org
These contact methods are intended to support Platform access and non-medical services only.

21.2 Prescription-Related Routing (Non-Clinical)
AdeptRx maintains an email address for administrative routing purposes: prescriptions@adeptrx.org. This email address is a routing service only. It is staffed by non-medical administrative personnel who cannot answer clinical questions. You may use this address only for:

  • Logistical inquiries (e.g., shipping status, tracking numbers)
  • Account or billing questions related to the pharmacy coordination
  • Requests to be connected to the Medical Provider’s support team

PROHIBITED USE: You must NOT use this email address for questions regarding:

  • Dosing instructions
  • Side effects or adverse reactions
  • Drug interactions
  • Medical advice

Any clinical questions received at this address will be forwarded to the Medical Provider’s team, which may result in a delayed response compared to contacting your Medical Provider directly through their designated portal.

21.3 Inappropriate Use of AdeptRx Support Channels
You agree not to use AdeptRx support channels for requests for medical advice, prescription changes, reporting medical symptoms, or emergency or time-sensitive medical concerns. AdeptRx support personnel are not clinicians and are not able to triage, interpret, or respond to medical issues.

21.4 Emergency Medical Situations
AdeptRx does not provide emergency medical services or real-time monitoring. If you believe you are experiencing a medical emergency or urgent medical condition — including, but not limited to, chest pain, difficulty breathing, fainting, severe allergic reactions, uncontrolled bleeding, or any condition requiring immediate attention — do not contact AdeptRx. Instead, call 9-1-1 immediately (or your local emergency number) or go to the nearest emergency department.

21.5 Response Times and Availability
AdeptRx will make reasonable efforts to respond to non-medical inquiries in a timely manner; however, response times may vary, and support availability is not guaranteed.

21.6 Communications Are Not Medical or Emergency Communications
Communications with AdeptRx through support channels are not medical communications and are not patient–provider communications. You should not submit sensitive medical information to AdeptRx unless explicitly requested through a secure, authorized medical workflow.