Purpose

AlfaGenix provides bioidentical hormonal therapy and other supplements to its patients through its online platform, which includes this website and may in the future include other websites and/or an AlfaGenix mobile application (collectively referred to as our “Platform”). In doing so, it conducts online telehealth medical consultations and secure messaging between its healthcare providers and patients, among other things. These terms and conditions (“Agreement”) govern your use of AlfaGenix’s Platform.

You must accept and comply with the Agreement to use our Platform and services and to purchase products. By clicking “accept,” you acknowledge that you have read, understand and accept all terms and conditions contained in this Agreement, the Notice of Privacy provided to you by us and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use our Platform and are instructed to promptly discontinue use of it.

Services Provided

AlfaGenix fully honors the patient’s freedom of choice. You agree that any prescription obtained from AlfaGenix is solely for personal use. You agree to fully and carefully read all provided product information and labels, and to contact a physician or pharmacist to the extent you have questions regarding the prescription. (delete space between product and information and make one paragraph)

AlfaGenix is not an insurer and neither its products nor services are intended to operate as insurance products.

Ordering and Purchasing Services or Products

Products or services may be purchased through our Platform. We accept credit and debit cards issued by US banks. If a credit card is being used for a transaction, we may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make automatic recurring payments, all charges and fees will be billed to the credit card you designated for payment. If you want to designate a different card or if there is a change in your credit card information, you must change the information on your Account Preferences webpage. This may temporarily delay your ability to make online payments while we verify your new payment information. By providing a debit or credit card to make an online payment, you represent and warrant that the account information provided is true, correct and complete; that the charges you incurred will be honored by your debit or credit card company or bank; that you will pay the charges you incurred, including applicable taxes; and that you are the person whose name the card was issued to and you are authorized to make a purchase with the relevant card and information.

Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information for your order to be completed. We will process an order for shipment once an order has been completed with the necessary information and your form of payment has been received. We will cancel your order within 30 days of receipt of a properly completed order if, for some reason, we determine that we cannot ship the product ordered. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Platform.

We reserve the right to refuse or cancel any order involving or including an incorrect price as listed on our Platform. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

All products purchased from our Platform are delivered to shipment carriers. The risk of loss and title for such products pass to you when they are delivered to the carrier.

We do not accept returns of prescription products. Therefore, ALL SALES ARE FINAL. However, if you feel an error has been made with regard to your prescription, please contact us at info@alfagenix.com.

Eligibility; Site Access, Security and Restrictions; Passwords

By using our Platform, you represent and warrant that you are at least 18 years old and that information you have provided for your account is accurate. You are solely responsible for maintaining the confidentiality of your credentials for our Platform and agree to prohibit anyone else from using your credentials. You also agree to immediately notify us of any actual or suspected unauthorized use of your credentials for our Platform. Your access to our Platform may be revoked at any time, with or without cause.

You are prohibited from violating or attempting to violate the security of our Platform, including without limitation by accessing data or any part of our Platform without proper authorization, attempting to test the vulnerability of a system or network without authorization, or breaching security or authentication measures without proper organization.

You are prohibited from using any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on our Platform, deep link to any feature on our Platform, bypass robot exclusion headers, or other measures we may use to prevent or restrict access to the Platform. Violations of system or network security may result in criminal or civil liability.

Electronic Communications

By providing your email address in connection with your use of our Platform, you agree to the use of an electronic signature for all agreements and consents and that all notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such notices and other communications be made in writing.

Consent to Receive Calls

By providing your telephone number, you agree to be contacted via call or text message by us or on our behalf, to receive information related to services being provided through our Platform or for marketing communications related to our Platform. You can opt out of receiving further calls or text messages by emailing us at info@alfagenix.com.

Ownership of Site and Related Materials

All pages within our Platform and any material made for download are the property of AlfaGenix or its licensors or suppliers, as applicable. Our platform is protected by US and international copyright and trademark laws.

Subject to this Agreement and the payment of all applicable fees, AlfaGenix grants you a revocable, non-transferable, personal, nonexclusive license to use the object code version of this site, except as provided below. All rights not expressly granted to you in this Agreement are reserved and retained by AlfaGenix or its licensors, suppliers, publishers, rights holders, or other content providers. Neither this website, our mobile application, nor any part thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for commercial purposes without our express written consent. You may not use any meta tags or any other hidden text containing or utilizing AlfaGenix name or trademarks without AlfaGenix’s express written consent. You may not frame or utilize framing techniques to enclose any name, trademark, logo, service mark, content, or other proprietary information of AlfaGenix without our express written consent.

Accuracy of Information; Functionality

AlfaGenix makes no representation, warranty, or guarantees as to the correctness or accuracy of our Platform and its contents. Additionally, AlfaGenix is not responsible or liable for information or content posted to the site from any affiliated third party. AlfaGenix reserves complete and sole discretion with respect to the operation of our Platform. We are not responsible for transmission errors, corruption, or the compromise of information carried over local or interchange telecommunications carriers. We reserve the right to maintain, delete or destroy all communication or information posted or uploaded to our Platform in accordance with our internal record retention policies as permitted by law.

Claims of Copyright Infringement

AlfaGenix respects the intellectual property rights of others and expects its users to do the same. We respond promptly to notices of alleged infringement that are reported to the designated copyright agent identified below.

If you are a copyright owner, authorized to act on behalf of one or are authorized to act under any exclusive right under the copyright, please report any suspected copyright infringement taking place on or through our Platform by sending us a notice with the following information:

1. Identify the copyrighted work you claim has been infringed.
2. Identify the material, URL, or link you claim is infringing and is to be disabled.
3. Provide your mailing address, telephone number, and email address.
4. Provide your full legal name and electronic signature
5. Include the following statement: “I hereby state that I have a good faith belief that the disputed use of copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). I hereby state that the information in this copyright notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of the copyright, or of an exclusive right under the copyright that is allegedly infringed.

Deliver your notice with all items completed to our copyright agent at the following address: info@alfagenix.com.

Intellectual Property

With the exception of your electronic medical records, AlfaGenix retains all rights, title, and interest in and to the Platform, Platform-related services, and any related information, products, documentation, software, or other materials on the Platform, and any patent, copyright, trademark, trade secret, service mark or other intellectual property or proprietary right. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone.

Use, reproduction, copying, or redistribution of the trademarks, service marks, and logos, or other intellectual property of AlfaGenix or its affiliates are strictly prohibited without our prior written permission. Nothing contained in our Platform should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on our Platform without the written grant thereof by AlfaGenix or the third party owner of such trademarks, service marks, and/or logos. Our Platform contains other proprietary notices and copyright information, the terms of which you agree to follow.

AlfaGenix may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

CAN-SPAM and TCPA Acts

AlfaGenix is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAM-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). All electronic communications received from us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event, you receive an email or text message from us that you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately using the information below.

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit AlfaGenix products or services in ways that would violate the CAN-SPAM ACT, the TCPA, or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold AlfaGenix and its affiliates harmless for any and all acts found or suspected to be in violation of such laws. You shall indemnify and hold AlfaGenix and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against us or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your account will be terminated for any of the above infractions.

Disclaimer of Warranties

AlfaGenix does not warrant that access to or use of our Platform will be uninterrupted or error-free, or that defects in our Platform will be corrected. Our Platform, including any content or information contained within it or any Platform-related product or service, is being provided “as is” with all faults, with no representations or warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment and title or non-infringement. You assume total responsibility and risk for your use of our Platform and related services. AlfaGenix does not warrant that files available for download will be free of viruses, worms, trojan horses, or other destructive programming.

Warranties relating to products or services offered, sold and distributed by AlfaGenix are subject to separate warranty terms and conditions, if any. You acknowledge and understand that the use or misuse of products obtained through our Platform may result in undesirable or unexpected consequences. AlfaGenix does not accept any liability for the consequences arising from the application, use or misuse of any products or services made available through our Platform.

Limitation of Liability Regarding Use of Site

Except as provided by law and without limitation, AlfaGenix is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever arising out of or relating in any way to our Platform, related services, content or information, or any linked website, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with our Platform, Platform-related services, and linked websites is to stop using our Platform and or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of AlfaGenix to you with respect to your use of our Platform is $500. You agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnification or release.

No Third-Party Rights

Unless expressly stated, nothing in this Agreement is intended to confer any rights or remedies on any persons other than you and AlfaGenix and its affiliates. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third parties to you, AlfaGenix, or its affiliates, nor shall any provision give any third party any right of subrogation or action over you, AlgaGenix, or its affiliates.

Dispute Resolution and Arbitration Agreement

Force Majeure

We will not be deemed to be in breach of this Agreement or liable for breach of any of this Agreement or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disasters.

Indemnification

You agree to indemnify, defend and hold harmless AlfaGeneix and any of its affiliates against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits in law, or in equity, fees, costs, and attorneys fees arising directly or indirectly out of or in connection with your use or misuse of our Platform or any of the products or services being offered through the Platform; your breach of this Agreement or the Privacy Policy; the content or subject matter of any information provided to AlgaGenix; any negligent or wrongful act or omission by you in your use or misuse of our Platform or any of the products or services being offered through our Platform, including the infringement of third party intellectual property rights, privacy rights or negligent or wrongful conduct.

Binding Arbitration and Class Waiver

YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR OTHER CONTROVERSY BETWEEN YOU AND US ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO ALFAGENIX, OUR PLATFORM, AND ANY PLATFORM-RELATED CONTENT, PRODUCT OR SERVICE, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case AlfaGenix will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. You agree to pay your own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration shall be conducted in Fort Lauderdale, Florida, except that, in the event Fort Lauderdale is not within 100 miles of your residence, the arbitration may be conducted remotely using teleconferencing technology unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.

For disputes involving intellectual property rights, theft, piracy, unauthorized use, or a violation of the Computer Fraud and Abuse Act and claims for equitable relief, the parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Fort Lauderdale, Florida, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Fort Lauderdale, Florida, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in  Fort Lauderdale, Florida for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.

You can opt out of the provisions of this Agreement that require the arbitration of disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with AlfaGenix. To opt-out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with AlfaGenix to: info@alfagenix.com.

Before you commence arbitration of a dispute, you must provide us with a written notice of said dispute that includes your name, residence address, username, and email address associated with your account, a detailed description of the dispute, and the relief you seek. Before we commence arbitration of a dispute against you, we will provide a written notice of said dispute to you with a detailed description of the dispute and the relief we seek. If we are unable to resolve a dispute within 30 days after the applicable notice is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of disputes, such changes will not apply to any dispute between you and us for which either party had previously provided written notice to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of disputes, you may within 30 days of the effective date of such modifications, reject such changes by sending a written notice of your rejection decision to AlfaGenix at: info@alfagenix.com.

Governing Law; Venue; Severability of Provisions

Our Platform is controlled and operated by AlfaGenix from our offices in Florida. The validity, interpretation, construction, and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of Florida, without regard to any conflicts of law provisions.

Application Support and Functionality

All questions and requests for support relating to our Platform must be directed at AlfaGenix by emailing us at info@alfagenix.com.  AlfaGenix will use commercially reasonable efforts to respond to questions and provide support from 9 AM to 5 PM ET, Monday through Friday.

Revisions

We reserve the right to terminate your access to all or part of our Platform at our sole discretion, with or without cause or notice. We also reserve the right to modify this Agreement at any time. Changes to this Agreement are effective when posted. Any use of our Platform after such changes constitutes your acceptance of those changes.

In the event that this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, the unenforceable provisions shall be limited or eliminated only to the extent necessary so that the remainder of this Agreement otherwise remains in full force and effect. This Agreement constitutes the entire agreement between us and you pertaining to the provision of Services. In our sole discretion, we may, from time to time, revise this Agreement by updating this webpage. It is your responsibility to read and be aware of any such revision as it relates to or affects you.

In the event of a conflict between this Agreement and any other legal notices or terms located within our Platform, the notice or terms shall govern to the extent they state that they are intended to supersede this Agreement.