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Terms and Conditions of Use

Last updated: 23/01/2025

These Terms of Use ("Agreement") set forth the terms and conditions governing the use of the online interfaces and properties owned and controlled by White Label Pharmacy, LLC., including, but not limited to, the website located at https://www.whitelabelpharmacy.com and its subdomains (the "Site"), as well as the services and products made available through the Site ("Services" and "Products", respectively). White Label Pharmacy, LLC. ("White Label Pharmacy", "we", "us", or "our") and its subsidiaries and affiliates partner with third-party providers ("Providers") to enable telehealth consultations and secure communication between Providers and their patients. The term "you" or "your" shall refer to the individual user, any dependents, and any person accessing or using your White Label Pharmacy Account.

By accepting these Terms of Use, you agree to comply with all the provisions hereunder and acknowledge that you have read and understood these terms in conjunction with the HIPAA Authorization and Privacy Policy. If you do not agree with these terms, you are prohibited from using the Site or Services and must exit the Site immediately.

Binding Arbitration

These Terms of Use stipulate that all disputes between you and White Label Pharmacy arising out of or related to these Terms of Use or your use of the Site shall be resolved through binding arbitration. YOU AGREE TO FOREGO YOUR RIGHT TO LITIGATE SUCH DISPUTES IN COURT, INCLUDING PARTICIPATING IN A CLASS ACTION. Instead, disputes will be settled by a neutral arbitrator and not by a judge or jury. Refer to the section titled Dispute Resolution; Arbitration Agreement for the details of the arbitration process.

Table of Contents

Privacy Practices

1. Privacy Practices
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‍By using the Site and Services, you agree that the personal information you provide in connection with your use of the Services will be governed by White Label Pharmacy's Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policies of Providers, with whom you interact through the Site, will also apply and are included here as part of these Terms of Use.

2. Services Provided
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‍White Label Pharmacy offers a platform that allows telehealth consultations through its Site, where Providers can connect with patients via synchronous or asynchronous telecommunications technologies. White Label Pharmacy does not render medical care or advice and contracts third-party Providers who are responsible for providing clinical telehealth services. Providers are independent contractors or employees of parties other than White Label Pharmacy and are solely accountable for the medical care provided. Any advice or information you receive through the Site comes from the Providers and is not from White Label Pharmacy.

2.1 Not for Emergencies
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‍If you are experiencing a medical emergency, you must dial "9-1-1" immediately. The Site and Services are not designed to address medical emergencies or urgent care situations. Any reliance on the Site’s content as a substitute for emergency medical attention is strictly at your own risk.

2.2 Risks of Telehealth Services
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‍By utilizing the telehealth services provided, you acknowledge and accept the inherent risks, including, but not limited to, inadequate transmission of medical data, delays caused by technical issues, and the potential for failure of security protocols leading to unauthorized access to health information.

2.3 Prescription Policy
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Providers may prescribe medications at their discretion, in accordance with applicable state laws. Prescriptions are issued only after a professional evaluation, and no guarantees are made regarding the provision of any particular prescription. Certain substances, such as controlled or potentially harmful drugs, are excluded from the prescription scope. Any prescribed medication is for personal use only.

2.4 Not an Insurance Product
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Neither White Label Pharmacy nor the Providers offer insurance services. The Services provided on the Site are not insurance products, and payments made for these Services are not equivalent to insurance premiums. For health insurance or similar products, you must obtain those separately.

3. Availability of Services
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The Services provided through the Site are subject to both state and federal regulations. Access to the Site and Services is strictly limited to jurisdictions where the Services are legally available. Services are not available outside the United States or in locations where local law prohibits access to telehealth services.

4. Ordering and Purchasing Products
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4.1 Order Acceptance and Shipment
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The placement of an order via the Site does not guarantee acceptance. We may require further details to process the order. Once the payment method is confirmed, we will proceed with shipping. If a valid order cannot be shipped within thirty (30) days, we reserve the right to cancel the order.
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‍4.2 Payment Information
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By providing payment information, you ensure its accuracy and authorize White Label Pharmacy to charge your payment method. If the payment method is invalid, the transaction will not be processed.
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‍4.3 Risk of Loss
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Once Products are shipped, the risk of loss passes to you, and you assume full responsibility for any damages or loss thereafter.
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5. Eligibility; Site Access, Security, and Restrictions; Passwords
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To access the Site and Services, users must be 18 years of age or older. You are responsible for maintaining the confidentiality of your account credentials and must notify White Label Pharmacy immediately in case of unauthorized use.

6. Electronic Communications
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By accessing the Site or Services, you consent to electronic communications from White Label Pharmacy and Providers. You acknowledge that all agreements and notifications may be provided electronically in satisfaction of any legal requirement that they be in writing.

7. Consent to Receive Calls and Text Messages
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By providing your mobile number, you consent to receive communications, including marketing materials, from White Label Pharmacy and Providers via calls and text messages.

8. Ownership of the Site and Related Materials; Additional Restrictions

The Site and its contents are protected by intellectual property laws. All rights not explicitly granted are reserved by White Label Pharmacy. You are prohibited from copying or distributing any part of the Site without written authorization from White Label Pharmacy.

9. No Users Under 18 Years Old
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The Site is restricted to individuals who are 18 years old or older. If White Label Pharmacy discovers that it has inadvertently collected information from a minor, such information will be deleted promptly.

10. Accuracy of Information; Functionality
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Although White Label Pharmacy strives for accuracy in its content and product descriptions, it does not guarantee the accuracy or completeness of the Site. If discrepancies occur, White Label Pharmacy will rectify them promptly when informed.

11. Links to External Websites
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White Label Pharmacy makes no representations or warranties regarding any external website accessible through this Site. Should you access a website not operated by White Label Pharmacy, you acknowledge and agree that such site operates independently, and White Label Pharmacy has no control over the content or practices of that website. Furthermore, a link to any non-White Label Pharmacy website does not imply endorsement, approval, or responsibility by White Label Pharmacy for the content, accuracy, or use of such site. You assume all risks when choosing to access or interact with any third-party site, including the risk of encountering harmful components such as viruses, worms, Trojan horses, and similar threats.

12. User Information
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By submitting, uploading, posting, or transmitting any health-related data, medical history, conditions, symptoms, personal information, consent forms, feedback, or other materials ("User Information") to White Label Pharmacy or through the Site, you affirm that you will not transmit any information that is false, defamatory, abusive, unlawful, obscene, harmful, or that violates intellectual property rights or privacy. You agree not to contact other users through unsolicited means. You further warrant that you possess the legal right and authorization to provide such information, and that all User Information is true and legally compliant. You further agree not to engage in any unauthorized conduct, including but not limited to: (i) uploading harmful code or content, (ii) misrepresenting your identity, (iii) tampering with the Site's functioning, or (iv) collecting or harvesting personal data or information about other users. You agree to defend, indemnify, and hold harmless White Label Pharmacy, its affiliates, and Providers from any claims, liabilities, or expenses, including attorney fees, arising from your actions and submissions related to User Information.

13. Claims of Copyright Infringement
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White Label Pharmacy disclaims responsibility or liability for any copyrighted materials posted on the Site. If you believe your work has been infringed, please adhere to the procedures outlined below. White Label Pharmacy respects intellectual property rights and follows the Digital Millennium Copyright Act (DMCA). To report alleged infringement, copyright holders or their agents must send a Notice containing: (i) identification of the copyrighted work, (ii) the alleged infringing content and location on the Site, (iii) your contact details, (iv) a statement affirming a good faith belief that the content is not authorized by the copyright owner, and (v) a statement under penalty of perjury affirming your ownership or authority to act on the copyrighted work. Notices should be sent to support@whitelabelpharmacy.com.

14. Intellectual Property
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Except for electronic medical records, White Label Pharmacy and Providers, as applicable, retain all rights, titles, and interests in and to the Site, services, content, software, and any associated intellectual property. Users are prohibited from reproducing, distributing, altering, or using any content available through the Site without prior authorization from White Label Pharmacy or the relevant copyright holders. Any unauthorized use of White Label Pharmacy’s or third-party trademarks, logos, or materials is strictly forbidden. No rights, licenses, or permissions are granted by implication through this Site unless explicitly stated otherwise.

15. Disclaimer of Warranties
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White Label Pharmacy makes no representations or warranties regarding the uninterrupted or error-free access to or use of the Site. The Site, including all information and content, is provided "AS IS," with no implied warranties, including but not limited to, fitness for a particular purpose, merchantability, or non-infringement. White Label Pharmacy does not guarantee the accuracy or timeliness of any information. You are solely responsible for maintaining data security and backing up your information. White Label Pharmacy also does not warrant that any downloaded materials are free of harmful code or viruses.

16. Limitation of Liability
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To the maximum extent permitted by law, White Label Pharmacy, its affiliates, and any third-party providers will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Site or related services. In no event shall White Label Pharmacy’s liability exceed $500. Any claims arising from use of the Site or related services are your sole responsibility, and your remedy is to discontinue use of the Site.

17. No Third-Party Rights
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Nothing in these Terms of Use confers any rights or remedies upon third parties, except as expressly stated herein. These terms solely govern the relationship between you, White Label Pharmacy, and its affiliates.

18. Assignment
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You may not assign or transfer any rights or obligations under these Terms without White Label Pharmacy’s prior written consent. White Label Pharmacy may assign its rights and obligations freely and without restriction, and these terms will be binding upon your successors and permitted assigns.

19. Supplemental Terms for Providers
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If you are a healthcare provider using the Site (“Provider”), you must be a licensed physician and comply with all applicable laws, medical regulations, and standards of practice. White Label Pharmacy does not practice medicine and is not responsible for any medical services. As a Provider, you are solely responsible for patient relationships, medical billing, and all legal and regulatory matters concerning your services. White Label Pharmacy offers no medical or legal advice and does not assume any responsibility for any medical or legal obligations incurred by you.Provider agrees to defend, indemnify, and hold harmless White Label Pharmacy from any claims related to its use of the Site, including but not limited to claims from patients or third parties alleging harm arising from the services provided. In case of claims, the Provider is responsible for seeking consent before entering into any settlement or judgment involving White Label Pharmacy.By submitting content to White Label Pharmacy, including consents, notices, or advice (“Provider Content”), you affirm that you have all necessary rights to do so and agree to grant White Label Pharmacy a license to use this content as it deems appropriate. White Label Pharmacy is not obligated to monitor, modify, or remove Provider Content, but reserves the right to do so. Provider is solely responsible for the content of its submissions.

20. Dispute Resolution; Arbitration Agreement

Both parties agree to attempt in good faith to resolve any disputes arising from or relating to the Site, including but not limited to any Products or Services purchased or ordered through the Site, by contacting customer service. However, we acknowledge that there may be instances where such disputes may not be resolved to the satisfaction of both parties.

You and White Label Pharmacy mutually agree that any dispute, claim, or controversy arising from or relating to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be settled through binding arbitration, and not by litigation in courts of general jurisdiction. Arbitration is a less formal process compared to litigation in court, utilizing a neutral arbitrator instead of a judge or jury, and with a limited scope for judicial review. Arbitration may involve limited discovery, though both parties agree to work in good faith to facilitate reasonable discovery in relation to the issues involved and the scope of the claim. Arbitrators possess the authority to grant similar awards, including damages and relief, as courts, but will apply substantive legal principles as if the dispute were being adjudicated in court, including applicable law on punitive damages as set by the United States Supreme Court.

By agreeing to these Terms of Use, you acknowledge that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this clause, and both you and White Label Pharmacy waive the right to a jury trial or to participate in any class action lawsuit. This arbitration provision shall remain enforceable even after the termination of these Terms of Use or any contractual relationship between the parties.

To initiate arbitration, you must first send White Label Pharmacy a written Notice of Claim via certified mail to the address provided herein: White Label Pharmacy, LLC 2925 Country Club Rd, Ste 101 Denton, TX 76210 (“Notice Address”). In the event White Label Pharmacy seeks to initiate a claim against you, it will send a Notice via certified mail to the most recent address we have on record for you. Each party’s Notice must describe the claim’s nature and grounds and include the relief sought ("Demand"). If the dispute is not resolved within 30 days following receipt of the Notice, either party may commence arbitration proceedings or file a claim in small claims court.

During arbitration, any settlement offer made by either party shall remain confidential and may not be disclosed to the arbitrator. If a filing fee is required to initiate arbitration, White Label Pharmacy will reimburse you for that cost after receiving notice, unless the claim exceeds US $10,000. Arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by these Terms of Use. The AAA Rules can be accessed at www.adr.org. The arbitrator shall be bound by the terms of these Terms of Use. The arbitrator will have exclusive jurisdiction to decide all matters, including disputes over the scope and enforceability of this agreement.

Unless otherwise agreed by both parties, arbitration hearings shall be conducted in the county of your billing address. For claim amounts less than US $10,000, you may select whether arbitration occurs based solely on written submissions, telephonically, or in person according to AAA Rules. If your claim exceeds US $10,000, the arbitration proceedings will adhere to the AAA Rules regarding hearings. Regardless of how arbitration is conducted, the arbitrator shall provide a reasoned written decision.

In cases where the arbitrator awards a greater amount than White Label Pharmacy’s final settlement offer made prior to the arbitration, White Label Pharmacy shall pay you the difference between the award and its final offer, or a minimum of US $1,000. All filing, administrative, and arbitrator fees shall be subject to the AAA Rules, with each party responsible for their own attorney’s fees, unless a statutory claim is filed that entitles the prevailing party to fees, in which case, the arbitrator may award such fees under applicable law.

You agree that you may only bring claims against White Label Pharmacy in your individual capacity and not as part of a class action or representative proceeding. Unless mutually agreed upon, the arbitrator will not consolidate individual claims into a class or representative action.

If the Arbitration Agreement is deemed unenforceable, the entirety of this arbitration provision shall be void, and any disputes shall be resolved in the state or federal courts of Delaware.

21. Force Majeure

White Label Pharmacy shall not be held in breach of these Terms of Use, nor shall it be liable for any failure or delay in the performance of its obligations, due to events or occurrences beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, war, invasion, public network failures, power shortages, earthquakes, floods, civil disturbances, strikes, fire, or other calamities.

22. Indemnification

You hereby agree to indemnify, defend, and hold harmless White Label Pharmacy, its Providers, affiliates, and their respective employees, agents, and representatives from any and all liabilities, damages, claims, demands, losses, costs, including attorney’s fees, arising from or in connection with: (i) your use or misuse of the Site, Products, or Services; (ii) your violation of these Terms of Use or the Privacy Policy; (iii) the content provided by you, including any breach of third-party intellectual property or privacy rights; (iv) any negligent or wrongful conduct on your part, including infringement of third-party rights.

23. Revisions; General

White Label Pharmacy reserves the right, at its sole discretion, to terminate or suspend your access to all or part of the Site, with or without cause, and with or without notice. White Label Pharmacy further reserves the right to amend or modify these Terms of Use at any time, with any such modifications becoming effective upon posting. Continued use of the Site following such amendments constitutes acceptance of these modifications. You agree to periodically review these Terms of Use to remain informed of any such changes. In the event that any term of these Terms of Use is found to be invalid or unenforceable, that provision shall be enforced to the extent permissible and the remainder of these Terms of Use shall remain in full force. These Terms of Use represent the complete and exclusive agreement between you and White Label Pharmacy with respect to the subject matter contained herein. These Terms may be updated or modified by White Label Pharmacy at its discretion, and such updated versions shall be available on this page. You are responsible for reviewing this page for updates. Other legal notices or terms on specific pages of the Site may supersede these Terms of Use in specific cases. All copyright, trademarks, logos, and service marks are owned by White Label Pharmacy or third-party licensors and may not be used without permission.