Terms of Use

These Terms of Use (“Terms”) apply to your access to and use of the website located at www.telewellnessmd.com, and any related content, materials, products or services (collectively, “Services”) provided by TeleWellnessMD®, LLC and its affiliated entities (“TeleWellnessMD,” “we,” “our,” or “us”).

By using the Services, you agree to comply with these Terms, our Privacy Policy, and our HIPAA Notice of Privacy Practices, all of which are incorporated herein by reference.

We may update these Terms at any time. Updates are effective immediately upon posting, unless otherwise stated. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

TeleWellnessMD® provides access to telehealth consultations, compounded prescription therapies, laboratory coordination and related wellness services through affiliated U.S.-licensed providers and partner pharmacies.

You understand and agree that:

• TeleWellnessMD® is not an insurance company and our Services are not a substitute for health insurance.
• All care decisions are made solely by licensed medical providers based on their professional judgment.
• There is no guarantee that a consultation will result in treatment or prescription issuance.
• Prescriptions may be filled through a partner pharmacy or transferred to a pharmacy of your choice upon request.

If you wish to use your own pharmacy, please email support@telewellnessmd.com before completing your order.

Services are currently available only to residents of states where TeleWellnessMD® operates and where affiliated medical providers are licensed.

Information provided through the Services is for educational and informational purposes only and should not be considered a substitute for professional medical advice, diagnosis or treatment.

Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition or before starting, changing or stopping any treatment plan.

You agree not to disregard or delay seeking medical advice because of content obtained through the Services. TeleWellnessMD® assumes no liability for actions taken based on information provided via the Services.

If you believe you are experiencing a medical emergency, call 911 immediately. Our Services are not intended for emergency or crisis care.

You must be at least 18 years old to use the Services. By accessing or using the Services, you represent that:

• You are 18 years of age or older;
• You are a U.S. resident located in a state where TeleWellnessMD® operates; and
• You have the legal authority to enter into these Terms.

If you are a parent or legal guardian using the Services on behalf of a minor, you are fully responsible for the minor’s use and compliance with these Terms.

TeleWellnessMD® reserves the right to deny Services to anyone for any lawful reason, including if the provider determines that telehealth is not appropriate for your care.

TeleWellnessMD® operates on a cash-pay basis.

• Services and medications are not covered by Medicare, Medicaid or commercial insurance plans.
• You agree not to seek reimbursement from any insurance provider or third-party payor for Services obtained through TeleWellnessMD®.
• You will not count any amounts paid for TeleWellnessMD® products or services toward your insurance deductible or out-of-pocket maximums.

By submitting payment, you authorize TeleWellnessMD® or its payment processor to charge your selected payment method for all amounts due, including recurring payments if applicable. Fees are non-refundable except as expressly provided in our Refund & Shipping Policy.

Your use of the Services is also governed by our Privacy Policy and HIPAA Notice of Privacy Practices, which describe how we collect, use and protect your information. By using our Services, you consent to those practices.

By providing your contact information and using the Services, you consent to receive electronic communications from TeleWellnessMD®, including emails, SMS messages and portal notifications.

You understand that:

• Email and SMS communications are not encrypted and may be intercepted by unauthorized parties.
• By choosing to communicate via email or text, you accept those risks.
• You may opt out of marketing messages at any time, but not service-related notifications.

Standard messaging and data rates may apply.

All content on the Services – including text, graphics, logos, data compilations, button icons, images, audio clips, software and design elements – is owned or licensed by TeleWellnessMD® and is protected by copyright, trademark and other applicable laws.

You may not copy, reproduce, modify, distribute, transmit, display, sell or create derivative works from any portion of the Services without prior written permission.

The names, logos, and branding of TeleWellnessMD® are trademarks or service marks owned by us. You may not use them without express written authorization.

You agree not to:

• Use the Services for any unlawful or fraudulent purpose;
• Access or attempt to access another user’s account;
• Interfere with or disrupt the security or functionality of the Services;
• Upload viruses, malware or harmful code;
• Use automated systems to scrape, crawl or harvest data;
• Impersonate another person or entity; or
• Post or transmit any content that is defamatory, obscene, harassing or infringing.

TeleWellnessMD® may terminate or restrict your access if we believe you have violated these Terms or applicable law.

The Services may contain links to third-party websites. These are provided for convenience only. TeleWellnessMD® does not control or endorse such websites and is not responsible for their content, security or privacy practices. Use of third-party sites is at your own risk.

The Services are provided on an “as is” and “as available” basis. TeleWellnessMD® makes no warranties or representations of any kind, express or implied, regarding the Services, including without limitation:

• Fitness for a particular purpose,
• Accuracy, reliability or timeliness of content, or
• Availability or uninterrupted access.

We do not guarantee that Services will be error-free or that data transmissions will be secure. You assume full responsibility for your use of the Services

To the fullest extent permitted by law, TeleWellnessMD®, its owners, affiliates, employees, contractors and agents shall not be liable for any indirect, incidental, consequential or punitive damages arising from your use of the Services, even if advised of the possibility of such damages.

In no event shall our total liability to you exceed one hundred dollars ($100) or the amount paid by you for the applicable Service, whichever is greater.

You agree to indemnify and hold harmless TeleWellnessMD®, its affiliates, officers, employees and agents from any claims, losses, damages, costs or expenses (including attorney’s fees) arising from:

• Your violation of these Terms or applicable laws,
• Your misuse of the Services, or
• Your breach of any representations or warranties herein.

By using the Services, you agree that any dispute or claim relating to these Terms or your use of the Services will first be subject to informal resolution. If the issue cannot be resolved, it will be settled by binding arbitration under the rules of Judicial Arbitration and Mediation Services, Inc. (JAMS) in Clearwater, Florida.

You waive the right to participate in any class or collective action. Each party shall bear its own costs, except that the prevailing party may recover reasonable attorney’s fees as permitted by law.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. If any dispute proceeds outside arbitration, exclusive jurisdiction shall be in the state or federal courts located in Pinellas County, Florida.

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

These Terms, together with the Privacy Policy, HIPAA Notice of Privacy Practices and Refund & Shipping Policy, constitute the entire agreement between you and TeleWellnessMD® regarding your use of the Services.

If you believe that any material on our Services infringes your copyright, please send a written notice to our Designated Agent at support@telewellnessmd.com including:

• Your contact information,
• A description of the copyrighted work,
• The location of the alleged infringing material, and
• A statement under penalty of perjury that you are authorized to act on behalf of the copyright owner.

We will promptly remove or disable access to the material in accordance with the DMCA.

Certain states require that healthcare providers and telehealth platforms display specific consumer rights and regulatory contact information. These notices are provided below for your awareness.

Florida – Patient Bill of Rights for Weight-Loss Services

Florida law requires all patients seeking weight-loss services to be informed of their rights.
The Florida Patient Bill of Rights for Weight-Loss Services can be viewed at:
Florida Statute 501.0575

California – Medical Board Notice

Medical doctors are licensed and regulated by the Medical Board of California.
Contact Information:
Medical Board of California
Central Complaint Unit
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
Phone: (800) 633-2322 or (916) 263-2382
Website: www.mbc.ca.gov

Complaints may be filed online or mailed to the address above using the Consumer Complaint Form available on the Board’s website.

Texas – Medical Board Notice

Complaints about physicians or other licensees and registrants of the Texas Medical Board may be reported for investigation to:
Texas Medical Board
Attention: Investigations
333 Guadalupe, Tower 3, Suite 610
P.O. Box 2018, MC-263
Austin, TX 78768-2018
Phone: (800) 201-9353
Website: www.tmb.state.tx.us

Assistance is available in English and Spanish.
Las quejas sobre médicos u otros profesionales acreditados e inscritos del Consejo Médico de Tejas se pueden presentar a la dirección anterior para ser investigadas. Si necesita ayuda, llame al 1-800-201-9353.

Kansas – Professional Practice Notice

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 telehealth practice operates under the authority of licensed providers who hold valid licenses to practice the healing arts in Kansas.

Questions or concerns regarding this professional practice may be directed to:
Kansas State Board of Healing Arts
800 SW Jackson, Lower Level – Suite A
Topeka, KS 66612
Phone: (785) 296-7413 or Toll Free (888) 886-7205
Website: www.ksbha.org

For any questions about these notices or the Terms of Use, please contact:
TeleWellnessMD®
2744 Summerdale Dr
Clearwater, FL 33761
Phone: (877) 659-6050
Email: support@telewellnessmd.com