Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Vitality Connect website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

Your use of the Site constitutes your electronic acceptance of these Terms. We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Changes will be effective upon posting to the Site with an updated “Last updated” date. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

2. Description of Services

Vitality Connect operates a website platform that facilitates connections between users and independent, licensed healthcare providers who may offer telehealth consultations and related medical services. Our services are limited to:

• Collecting user-submitted information through online intake forms.
• Facilitating the connection between users and independent, licensed healthcare providers.
• Providing general educational and informational content related to hormone health and wellness.

3. No Medical Advice Disclaimer

The content provided on the Site, including but not limited to text, graphics, images, articles, guides, and other materials, is for general informational and educational purposes only. Nothing on the Site is intended to constitute, nor should it be construed as, professional medical advice, diagnosis, or treatment.

The information on the Site is not a substitute for professional medical advice from a qualified healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this Site.

4. Eligibility

To use the Site and submit information through our platform, you must meet the following eligibility requirements:

• You must be at least 18 years of age.
• You must be a resident of the United States.
• You must provide truthful, accurate, and complete information when using our intake forms.
• You must have the legal capacity to enter into a binding agreement.

By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements.

5. User Representations

By using the Site, you represent and warrant that:

• All information you submit through the Site is truthful, accurate, current, and complete.
• You will not use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law.
• You will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or affiliation with any person or entity.
• You will not attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site.
• You will not use the Site to transmit any viruses, malware, or other harmful or disruptive code.
• You will not engage in any fraudulent activity, including submitting false health information or attempting to obtain prescriptions under false pretenses.

6. Communications and Consent

By submitting your information through the Site, you expressly consent to receive communications from Vitality Connect and its service providers, including independent healthcare providers, via telephone, email, and/or SMS text messages, regarding your inquiry, consultation requests, and related services. Standard messaging and data rates may apply.

You understand and agree that your consent to receive communications is not a condition of purchasing any goods or services. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions in our emails or contacting us directly.

7. No Guarantee of Results

Vitality Connect makes no representations, warranties, or guarantees, whether express or implied, regarding:

• The outcome of any consultation, treatment, or medical service facilitated through the Site.
• Approval, eligibility, or acceptance for any specific treatment or prescription by an independent healthcare provider.
• The effectiveness, safety, or suitability of any treatment or medication for any individual.
• The availability or scheduling of consultations with specific healthcare providers.

Individual health outcomes vary and depend on numerous factors, including but not limited to individual health profiles, medical history, and adherence to provider recommendations. Testimonials or patient experiences shared on the Site reflect individual results only and are not indicative of outcomes for any other person.

8. Third-Party Healthcare Providers

Healthcare providers accessible through the Site are independent, licensed professionals and are not employees, agents, or representatives of Vitality Connect. All clinical decisions, including diagnosis, treatment planning, and prescribing, are made solely and independently by the treating provider based on their professional medical judgment.

Vitality Connect is not responsible for, and expressly disclaims all liability arising from or related to:

• Any medical decisions, advice, treatment, or prescriptions issued by independent healthcare providers.
• The quality, accuracy, or appropriateness of any medical care provided by third-party providers.
• Any adverse effects, injuries, or damages resulting from treatment provided by independent healthcare providers.
• Any disputes between users and independent healthcare providers.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Vitality Connect, its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to, use of, or inability to access or use the Site.
• Any conduct or content of any third party on or related to the Site.
• Any content obtained from the Site.
• Unauthorized access, use, or alteration of your transmissions or content.

Your use of the Site is at your sole risk. The Site and all content, information, and services provided therein are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied.

10. Indemnification

You agree to defend, indemnify, and hold harmless Vitality Connect, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Site.
• Your violation of any provision of these Terms.
• Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right.
• Any claim that your use of the Site caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Site.

11. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, is the property of Vitality Connect or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site without the prior written consent of Vitality Connect, except as incidentally necessary for your personal, non-commercial use of the Site.

12. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Site, you consent to the collection and use of information as described in our Privacy Policy.

13. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall first be submitted to good-faith informal negotiation. If the dispute cannot be resolved through informal negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Delaware.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Modifications to Services

Vitality Connect reserves the right, at any time and without prior notice, to modify, suspend, or discontinue the Site or any part thereof, temporarily or permanently. We may also update, revise, or change the content available on the Site at any time.

Vitality Connect shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any services provided therein.