These Online Terms of Use together with our Online Privacy Policy (collectively, the “Terms”) govern your use of this website and any related websites and mobile apps that link to these Terms (collectively, the “Sites”). This includes any electronic content, functionality, features, and applications provided through the Sites (collectively, “Materials”).
Please read the Terms carefully before you use any Sites. By using the Sites, you acknowledge that you have read, understood, and agree to be bound and abide by our Terms (including the Online Privacy Policy), and represent that you are of legal age to form a binding contract with us. If you decline, are not of the legal age of majority or violate the Terms, you may not access or use the Sites.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO MANDATORY INDIVIDUAL BINDING ARBITRATION AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND ABILITY TO BRING ANY CLAIM UNDER A CLASS ACTION. PLEASE SEE SECTIONS 10-12 BELOW FOR MORE INFORMATION REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SITES.
We reserve the right, in our sole discretion, to modify, alter or otherwise update our Terms at any time, and by using the Sites after the posting of a modification, you accept the modification. Please check back from time to time to ensure you are aware of any updates or changes.
Our Sites are provided for INFORMATIONAL PURPOSES ONLY and do not provide specific medical advice, nor does any use of the Sites establish a doctor-patient relationship. For medical treatment or answers to personal questions, you should consult a qualified health care provider.
You assume full responsibility for using any information offered by the Sites, and you understand and agree that we are not responsible or liable for any claim, loss, or damage resulting from its use. While we try to keep information on the Sites as accurate as possible, we disclaim any warranty concerning its accuracy, timeliness, and completeness, and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. We do not warrant that access to the Sites will be error or virus free, or accessible at all times. We may terminate your access to the Sites in our sole discretion, at any time, and without prior notice. We may also remove any content from the Sites for any reason, without prior notice. Content removed from the Sites may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Sites to human readable form or create derivative works based upon the Sites or any part thereof; (b) disable any licensing or control features of the Sites; (c) introduce into the Sites any virus or other code or routine intended to disrupt or damage the Sites, or alter, damage or delete any Materials, or retrieve or record information about the Sites or its users; (d) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Sites or Materials; (e) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Sites to others; (f) use, or allow the use of, the Sites or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (g) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Sites; (h) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (i) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any junk mail, spam or any other similar solicitation; (j) access or use the Sites by means of any automated program, expert system, electronic agent or bot; (k) engage in any attempted or actual unauthorized access to any portion of the Sites; or (l) engage in scraping, copying, republishing, licensing, or selling the data or information on the Sites for commercial purposes. Except as expressly provided herein, we and our third-party licensors reserve all rights with respect to the Sites and Materials, and may pursue all available legal recourse (and cooperate with law enforcement) in the event of any violations of our Terms.
You are responsible for any activity that occurs through your use of the Sites. All information you provide to us must be true, accurate, current and complete to your reasonable knowledge, and you agree to update your information as necessary to maintain its truth and accuracy.
You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use and display the information and materials that you provide to us through the Sites as reasonably necessary to provide the Sites to you and your organization (if applicable), subject to our Online Privacy Policy.
You agree that we are free to use any feedback, ideas or suggestions (“Feedback”) that you provide to us with respect to the Sites for any purposes whatsoever without any restriction, including developing and marketing new products, services and features without any liability or payment of any kind to you. You waive all intellectual property rights in any such Feedback.
Personal information collected by us in connection with the Sites will be maintained in accordance with our Online Privacy Policy.
Our Sites do not host or receive funding from third party advertising. A patient may give us permission to share patient stories that can include descriptions of actual medical results. Past results are not indicative of future results. We provide personalized care for each patient based on their unique needs. Each user’s experiences and results will vary.
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Sites for lawful purposes in accordance with our Terms. Unless otherwise stated, users may print or download information from our Sites for personal, non-commercial use only.
The Sites contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Sites. Except as provided above, none of the Materials may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us or the third-party owner. Unauthorized use of any Materials provided by the Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Trademarks and service marks that may be referred to in the Sites are owned by us or our licensors. Nothing in the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission.
We respect the intellectual property rights of others, and we prohibit users of our Sites from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. For allegations of copyright infringement, please follow the instructions below; otherwise, you can report any issues to us via the contact information provided at the end of these Terms. The remaining information in this section is provided exclusively for notifying us that your copyrighted material may have been infringed.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DCMA") we are registered as a Service Provider with the United States Copyright Office. Notifications of copyright infringement claims occurring on our Sites should be reported to our designated agent, as follows:
Beyond Meds LLC
Attn: Legal Department
52 Harbour Dr. N
Ocean Ridge, FL 33435
Email: info@gobeyondmeds.com
Any such notice must be in writing, and must include the following information as required by the
DMCA:
The Sites may contain links to third party sites or services (e.g., social media). Access to any other website or service referenced in the Sites is at the user’s own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on other sites. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement, recommendation or approval. The content, accuracy, or opinions expressed, and other links provided by linked sites are not investigated, verified, monitored or endorsed by us. If you decide to visit, or transact business at any linked site, you do so at your own risk and it is your responsibility to take all protective measures. The third-party sites are not controlled by us and may have different terms of use and privacy policies, which we encourage you to review.
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Sites may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Sites; send communications with certain content, or links to certain content, using the Sites; or cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Sites or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Sites that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.
YOUR USE OF THE SITES AND MATERIALS CONTAINED THEREIN IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL MATERIALS THEREIN ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SITES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A PERSON DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE OTHER PARTY.
The provisions in our Terms are intended to be only as broad and inclusive as is permitted by applicable law. We recognize that some laws provide consumers specific rights and remedies and expressly prohibit waiver of these rights. Except to the extent required by such laws, as applicable, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to these laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees. We reserve all rights, defenses and permissible limitations under applicable law
You agree that you will be responsible for any damages resulting from your violation of these Terms. You further agree to indemnify and hold us and our owners, affiliates, officers, directors, agents, employees and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your breach of these Terms; (ii) your unlawful activities in connection with the Sites; or (iii) information that you affirmatively provide to us through the Sites.
THE LAWS OF THE STATE OF FLORIDA WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SITES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Excluding (i) claims for injunctive or other equitable relief sought by us as provided below, or (ii) disputes that are brought and exclusively and fully resolved in small claims court, any claims related to the Sites and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration by a single arbitrator.
Unless the Parties mutually agree otherwise, the arbitrator must be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. The arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and the parties must select a single arbitrator in accordance with the AAA Consumer Arbitration Rules then in effect. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration means there will be no jury, and no judge.
The arbitration shall take place in Broward County, Florida, and at the option of the party seeking relief, it may be conducted via online video conferencing. The arbitrator may not issue any injunction. The arbitrator has the exclusive authority to decide the scope of issues to be arbitrated. Any challenge to the arbitrability of any issue related in any way to the matters or claims in dispute between the Parties must be determined solely by the arbitrator. Any challenge to the validity of this arbitration provision or any subpart thereof must be determined and decided exclusively by the arbitrator. The decision of the arbitrator shall be a reasoned opinion with findings of fact and conclusions of law, and will be final and binding on the parties. The prevailing party shall be entitled to an award of reasonable attorney’s fees and costs. The arbitrator shall determine the prevailing party and the amount of attorney’s fees and costs. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. A final award is appealable in the state and federal courts located in Broward County, Florida. Nothing in this Section shall prevent us from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Our Sites are controlled and operated from the United States. We make no representation that Materials or Sites are appropriate or available for use in other jurisdictions. Access to the Sites from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Sites from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
You acknowledge that you have read and understood and agree to be bound by these Terms (including the Online Privacy Policy). You further agree that these Terms (including the Online Privacy Policy) constitute the complete and exclusive statement of the agreement between you and us and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms. If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Sites.
If you have any questions, concerns or comments about our Sites, please contact us at info@gobeyondmeds.com or at 1-561-819-2988.
These Terms were last updated October 30, 2023.