Terms of Service

1. Acceptance of Terms

By accessing or using the Eden RX website or purchasing products offered through the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all related policies. If you do not agree, you should not use the website or complete a purchase.

These Terms govern your use of the Eden RX website and the purchase of products made available through the platform.

‍

2. Platform Services

‍

Telehealth Services

We provide a website through which you can obtain an online visit with an independent, licensed health care professional (a “Provider”) and mail order pharmacy services for any medications prescribed to you (collectively, the “Services”). The Services constitute a form of telehealth, which involves the delivery of health care services using electronic communications between a health care provider and a patient who are not in the same physical location. We believe that telehealth has the potential to provide a number of benefits, including convenient, discreet, and affordable care.

The Services are provided on an on-demand, visit-based basis and do not constitute subscriptions, memberships, or ongoing service arrangements

Telemedicine may be used for diagnosis, treatment, follow-up, and/or related patient education, and may include, but is not limited to:

• Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider.
• Interactions between a patient and health care provider via audio, video, and/or data communications.
• Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access.

By accepting the Terms of Service, you agree and consent to Eden RX, the Provider, and any other health care organization(s) or provider(s) with whom we contract to provide the Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically, including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold Eden RX, any Provider, or any other health care organization(s) or health care provider with whom we contract to offer the Services to you liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.

Your Provider will obtain your consent to receive telehealth services when you begin your telehealth visit.

‍

Your Relationship With Eden RX

Eden RX does not provide any medical services, including via the Services. Rather, Eden RX provides a technology platform for you to access a Provider who is employed or contracted with a network of physician practices and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness.

The health and wellness resources made available through our Services are for informational purposes only and are not a substitute for direct in-person health care services in all cases, nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider.

You understand that by coordinating and consulting with an affiliated physician practice or its health care providers through the Services, you are not entering into a physician-patient relationship with Eden RX.

Except for specific communications received from your Provider, none of the information you receive through the Services should be considered medical advice.

Eden RX does not make any representations or warranties about the training or skill of any Providers. You are ultimately responsible for choosing whether to seek treatment from a Provider through the Services. Eden RX takes certain limited steps to verify Providers hold certain licenses, certifications, or registrations required by law. Eden RX may exclude a Provider, at Eden RX’s sole discretion, if Eden RX believes a Provider has engaged in inappropriate conduct, misused the Services, or for any other reason whatsoever.

You hereby certify that you are physically located in the state you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that Eden RX, the Providers, and the Pharmacy Network you access through the Services are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Eden RX, the Providers, and the Pharmacy Network you interact with from any resulting damages, costs, or claims.

‍

No Insurance Accepted; Notice of Your Financial Responsibility

Eden RX and the Providers do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid.

By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you.

If you are a federal health program beneficiary, you agree that neither you, Eden RX, the Provider, nor any of the health care organization(s) or provider(s) with whom we partner to provide health care and pharmacy services to you will submit a claim for reimbursement to any federal or state health care program for the costs of the services and products provided to you through the Services.

‍

Pharmacy Services

If you receive a prescription as a result of your use of the Services, you may select one of the pharmacies we contract with (the “Pharmacy Network”) to ship your prescription. You may also choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Services.

You give us consent to send and disclose to the Pharmacy Network or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) so that you may receive pharmacy services.

‍

3. Eligibility

You must be at least 18 years old and a resident of the United States to use the website or Services.

‍

4. Payment Terms (One-Time Transactions Only)

All purchases are one-time transactions. Eden RX does not offer subscriptions, recurring charges, or automatic renewals. Each transaction authorizes a single visit and/or shipment only. Additional purchases require a new, separate transaction initiated by you.

‍

5. Prescription Products and Compounding Disclosure

Certain products require authorization prior to dispensing under applicable law. Some products may be compounded medications prepared by licensed compounding pharmacies. Compounded medications are not approved by the U.S. Food and Drug Administration (FDA) and have not been evaluated for safety, effectiveness, or quality.

‍

6. Shipping and Fulfillment

Products are shipped by licensed pharmacies or fulfillment partners. Shipping timelines are estimates and may vary due to factors outside Eden RX’s control.

‍

7. Refunds and Cancellations

Refunds and cancellations are governed by Eden RX’s Refund Policy and applicable law.

‍

8. Intellectual Property

All website content is owned by or licensed to Eden RX and protected by applicable intellectual property laws.

‍

9. Privacy

Your use of the website is governed by the Eden RX Privacy Policy.

‍

10. Disclaimer of Warranties

The website and Services are provided on an “as-is” and “as-available” basis to the fullest extent permitted by law.

‍

11. Limitation of Liability

To the maximum extent permitted by law, Eden RX’s liability shall not exceed the amount paid for the applicable transaction.

‍

12. Indemnification

You agree to indemnify and hold harmless Eden RX and its affiliates from claims arising from your use of the Services or violation of these Terms.

‍

13. Governing Law; Dispute Resolution; Arbitration; Venue; Severability

IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EDEN RX TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

‍

Governing Law

These Terms of Service and your use of the Services shall be governed by the laws of the State of Delaware, without giving effect to conflict of law principles.

‍

Binding Arbitration, Generally

Except as described in the “Exceptions” section below, all disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

‍

Exceptions

Nothing in these Terms limits the right to bring an individual action in small claims court, file suit for intellectual property infringement, or seek injunctive relief in Delaware courts.

‍

Arbitrator

This arbitration agreement is governed by the Federal Arbitration Act and administered by the AAA.

‍

Commencing Arbitration

Notice requirements, filing procedures, fee allocation, reimbursement terms, and AAA processes apply as stated above.

‍

Arbitration Proceedings

Hearings may be document-based, telephonic, video, or in-person as permitted by the AAA Rules.

‍

Arbitration Relief

The arbitrator may award any relief available in court on an individual basis.

‍

Class Action Waiver

YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS.

‍

Limited Time to File Claims

Claims must be brought within one (1) year after the dispute arises.

‍

Severability

If any provision is unenforceable, it shall be replaced with a valid provision that most closely reflects the original intent. Remaining provisions remain in effect.

‍

Contact Information

Email: [email protected]

‍Legal: [email protected]