Terms and Conditions

‍Service Not Intended For Emergencies

This Service is not appropriate for emergency care or urgent care. If you have a medical emergency or are in need of urgent care, seek in-person emergency or urgent care immediately or dial 911. This Service is not appropriate for all medical conditions or concerns. 

Agreement with Terms and Conditions

BY CLICKING “I AGREE,” CHECKING A RELEVANT BOX TO CONFIRM YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE METHOD PROVIDED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMING YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT ANY PERSON WHO CLICKS THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS HAS BEEN GRANTED AGENCY AUTHORITY ON YOUR BEHALF.

ARBITRATION NOTICE

UNLESS YOU OPT OUT OF ARBITRATION IN A TIMELY MANNER, AS OUTLINED IN THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICE WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION. BY DOING SO, YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS DETAILED BELOW. ADDITIONALLY, EXCEPTIONS AND THE PROCEDURE FOR OPTING OUT OF ARBITRATION ARE OUTLINED BELOW.

Good Life Meds and the Service

Good Life Meds, LLC and/or its affiliates (collectively, the “Good Life Meds,” “we,” or “us”) owns and operates the website at www.goodlifemeds.com (the “Website”). Your access to and use of the Website, any part of it, or anything related to it, including its content (“Content”), any products or services provided through the Website or otherwise by Good Life Meds, and any affiliated websites, software or applications owned or operated by Good Life Meds (collectively, including the Website and the Content, the “Service”) are subject to these Terms and Conditions (“Terms and Conditions” or “Agreement”).

Please read these Terms and Conditions carefully as they contain important terms and information that you will need to know and understand about the Service. In these Terms and Conditions, “you” and “yours” refer to the person using the Service. If the user is a minor between the ages of 13 and 18 (or a higher age of majority under applicable state law), “you” and “yours” refers to (i) the minor for whom consent is being provided or on whose behalf the Service is being utilized and (ii) the parent or guardian providing consent for the minor to use the Service using the Service on the minor’s behalf. For more information regarding the use of the Service by minors and the applicable restrictions, please refer to the “Limited Use and Availability” section of this Agreement. Notwithstanding the foregoing, the Service is not intended for individuals under the age of thirteen (13), and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian is willing to provide consent to use of the Service or this Agreement. If you are the parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent, please contact us at info@goodlifemeds.com. 

Acceptance of Terms and Conditions

Your access to and use of the Service is governed by this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to abide by this Agreement in its entirety, you are prohibited from visiting, accessing, registering with, or using the Service or any information or Content provided through the Service, except for the purpose of reviewing this Agreement. The Service is continuously evolving, and we reserve the right to modify or remove any part of this Agreement or the Service at our sole discretion, without prior notice. Any changes to this Agreement become effective once posted on the Website. Unless otherwise stated, any new Content added to the Service will also be subject to this Agreement upon being posted on the Website. If you do not agree with this Agreement or any of its terms or conditions, your only recourse is to stop using the Service. Your continued use after any changes to this Agreement are posted constitutes your acceptance of the modified terms.

‍Your Relationship with Us

We offer certain products and services to individuals who register as users of the Service (“Users”), which are sold or provided by Good Life Meds, third party medical providers, pharmacies, or other vendors. Our Service gives you access to prescription fulfillment services through the following pharmacies: GoGo  Meds d/b/a Jungle Jims and Pharmacy Hub (collectively, the “Pharmacies”). By using the Service, you agree that your prescription(s) may be  filled and transferred between any of the Pharmacies, and you authorize the Service to do so on  your behalf. Additionally, we may provide access to Berluga Health (the “Medical Group”) for the provision of healthcare and/or mental health services through the Website. The Medical Group employs or contracts with physicians, allied health professionals, and mental health professionals who provide certain healthcare and/or mental health services through the Website (the “Providers”). By accepting this Agreement, you acknowledge that any services you receive from the Pharmacies, the Medical Group or the Providers through the Website are also governed by this Agreement, and that these entities are third party beneficiaries of this Agreement.

We do not control or intervene in the practice of medicine or healthcare by the Medical Group or any of the Providers, each of whom is solely responsible for directing the care or treatment they provide. Further, Good Life Meds does not control or interfere with any professional service provided by the Pharmacies, each of which is solely responsible for the professional services they provide through the Service. By accepting this Agreement, you understand and agree that Good Life Meds is not a healthcare provider, and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Good Life Meds. By using the Service, you may, however, establish a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more of the Providers. 

By accepting this Agreement, you also consent to receiving communications via audio, visual, audiovisual or other data transmission, including messaging services or email, from the Medical Group and/or the Providers through the Service related to your diagnosis and/or treatment. You understand that Good Life Meds is not responsible for the security or privacy of services you use to receive the aforementioned communications. You also understand that it is your sole responsibility to monitor and respond to these communications and that neither Good Life Meds, the Medical Group nor any Provider will be responsible in any way and you will not hold Good Life Meds, the Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these communications or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).

Although you are not establishing a doctor-patient or other healthcare provider-patient relationship with Good Life Meds, by using the Service, you are entering into a direct customer relationship with Good Life Meds for the use of the Service, including the purchase of any non-prescription products or non-medical services sold directly to you. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information. 

Consent to Use Telehealth Services

The Service involves the use of telehealth. Telehealth refers to the provision of health and mental health care services through electronic communication, information technology, or other means between a healthcare provider or mental health professional and a patient who are not in the same physical location. While telehealth can offer certain benefits, there are also potential risks associated with its use. Telehealth services may not be a suitable substitute for in-person care in all situations. To use the Service, you must review and agree to an informed consent regarding telehealth use (the “Telehealth Consent”), which will be provided to you via the Service. By agreeing to this, you acknowledge that Good Life Meds, the Pharmacies, the Medical Group, and the Providers are third-party beneficiaries of the Telehealth Consent and have the right to enforce it against you.

Subscription Products and Services

Certain products and services available for purchase through the Service are offered on an automatically renewing subscription basis. For these subscription-based products and services, your payment method will be charged automatically at regular intervals, as outlined during the checkout process for that product or service, until you cancel your subscription. To prevent any interruptions in treatment, your first renewal may be charged early. Subsequent shipments may be charged and shipped up to three (3) days early to accommodate holidays or for other operational reasons to ensure continuous. We and/or the Providers may, but are not obligated to, reach out to you periodically via the Service to request updates to your information and to manage ongoing subscriptions. You may cancel your subscription at any time up by emailing care@goodlifemeds.com or directly through your online account. Cancellation will take effect at the end of the current subscription period. Your subscription will automatically renew for another subscription period unless you cancel at least three (3) days before the applicable renewal  processing date of your subscription. We do not offer refunds for partially used subscription periods, though we may provide refunds on a case-by-case basis at our sole discretion. We may also allow you to pause your subscription for a specified period. If you do not cancel before the end of the pause period, your subscription will automatically resume, and charges to your payment method will recommence.  We may update our subscription plans and prices from time to time;  however, we will provide you with advance notice of any changes or changes to pricing or subscription plans.

To streamline your experience with the Service, you will only see and be required to pay a single “total” subscription price. However, if the subscription product you purchase requires a consultation with a Provider, includes a prescription medication filled through one of the Pharmacies, and/or includes health services, the total price you pay will include the amounts charged for use of the Service, as well as the cost of the prescription medication charged by the Pharmacy and the fee for the Provider’s services charged by the Medical Group, as applicable. These amounts are collected on behalf of and paid to the Pharmacies and the Medical Group, respectively.

NO REFUND POLICY: 

YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. 

Prescription Products

Certain products available through the Service require a valid prescription from an appropriately licensed healthcare provider. You will only be able to obtain a prescription product after completing a consultation of your health information with one of the Providers, during which the Provider determines that the prescription product is clinically appropriate for you and writes a valid prescription. The Providers are solely responsible for making those clinical determinations in their own professional judgement. 

If the Provider determines a prescription product is clinically appropriate for you, writes a valid prescription, and you have provided informed consent for the product, the Provider will submit the prescription for fulfillment to one of the Pharmacies. Unless you request your prescription be filled by a specific pharmacy when discussing with your Provider and such pharmacy has the capability to fulfill such prescriptions, prescriptions will be filled through a pharmacy with which Good Life Meds has a relationship, and the prescription will be filled from a pharmacy of Good Life Meds’ choosing based on geographic location and prescription availability during your us of the Service. Prescriptions filled by the Pharmacies may not use child-resistant packaging and prescription products may not be dispensed in child-resistant containers. You are responsible for keeping such products in a safe and secure location away from children and others. 

If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped to you by the respective Pharmacy, and the costs associated with the prescription are included in the total charged to you by the Service as described in the “Subscription Products” section above. If you fill a prescription with a pharmacy other than the Pharmacies, the Service will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.

Prescription products available on the Website are considered “Third-Party Goods and Services” as outlined in the Third-Party Goods and Services section of this Agreement.

Financial Responsibility for Services Notice

Good Life Meds and the Medical Group are not enrolled in, nor do they participate as providers in, any federal or state healthcare programs (e.g., Medicare, Medicaid) for the provision of any healthcare or health services or supplies and, as such, neither you nor Good Life Meds, Medical Group, Providers or Pharmacies may receive payment from such programs for the services or items provided to you by Good Life Meds, Medical Group, Providers or Pharmacies. Further, to the extent that any of the Pharmacies or Providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made available through the Service typically prevents such services and products from being covered benefits under these government programs. By choosing to use the Service, you are specifically opting to obtain all services and items on a self-pay basis, outside of any federal or state healthcare program. Accordingly, you are solely responsible for the costs of any service or item provided to you.

By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain services and items on a self-pay basis, outside of any federal or state healthcare program, and you are solely financially responsible for all services and items provided to you by or through the Service; and (2) neither you nor Good Life Meds, Medical Group, Providers or Pharmacies will submit any claims for reimbursement to any federal or state healthcare program for the costs of the services and items provided to you through the Service.

Restrictions on Use and Availability of the Service 

Our Service is currently available only to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older (or at least the age  of majority in their jurisdiction of residence, if higher than eighteen (18)), and have accepted this Agreement; provided, however, that individuals who are located in the states in which we offer the Service and are between the ages of 13 and 18 may use the Service if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Service. Current states in which we do not offer Service: Alaska, Arkansas, Louisiana, New Hampshire, Oregon, South Carolina, West Virginia, and District of Columbia.

By visiting, accessing, registering or using the Service, you are: (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen (18), or (2) at least thirteen (13) years of age, have obtained consent from your parent or legal guardian to use the Service; (b) if you are a parent or legal guardian providing consent for a minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Service by such minor; (c) representing and warranting to us that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation, (d) agreeing to comply with all applicable laws in visiting, accessing, registering or using the Service, and (e) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. 

Certain products available through the Service are subject to additional age restrictions, and not all products or services are available to all age groups.

In some cases, the Service may not be the most suitable way for you to provide information to, communicate with or seek medical, mental health, or other healthcare services and treatment from a healthcare provider or health professional. For example, certain medical conditions may require an in-person procedure, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or is otherwise not appropriately addressed through use of the Service. In such cases, you may be notified that you will be unable to use the Service for the particular issue you submitted, along with additional guidance on next steps.

Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at your own risk, option and expense, the necessary software and hardware (in line with any technical, quality or other requirements specified by the Service) to access and use the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees you incur, including Internet connection or mobile fees, when accessing the Service. Additionally, you have a duty to provide truthful, accurate and complete information in any forms or communications you submit to or through the Service. We reserve the right to modify the access configuration, including any software, hardware or other requirements of the Service, at any time without prior notice.

Privacy Policy

Good Life Meds understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.

Protected Health Information

When you create an account with Good Life Meds, you establish a direct customer relationship with us, granting you access to the various features and functions of the Service as a user. As part of this relationship, you provide information including, but not limited to, your name, email address, shipping address and phone number, which we may collect, use and disclose in accordance with our Privacy Policy. This information is not considered to be “health” or “medical” information.

However, when using certain components of the Service, you may also provide medical information that may be protected under applicable laws. Good Life Meds is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). The Medical Group or one or more of the Pharmacies may or may not be a “covered entity” or “business associate” under HIPAA, and Good Life Meds may in some cases be a “business associate” of the Medical Group or a Pharmacy. It is important to note that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because health information involved, and HIPAA may not apply to your transactions or communications with Good Life Meds, the Medical Group, the Providers, or the Pharmacies. To the extent Good Life Meds is considered a “business associate,” however, and solely in its role as a business associate, Good Life Meds, may be subject to certain provisions of HIPAA with respect to “protected health information” (“PHI”), as defined under HIPAA, that you provide to the Medical Group, Providers or the Pharmacies. Additionally, any medical or health information that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

The Medical Group and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from the Medical Group and Provider(s).

By using the Service, you are agreeing that even if HIPAA does apply to Good Life Meds, the Medical Group, the Providers or the Pharmacies, any information that you submit to Good Life Meds that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Use and Ownership of the Service

The Service and the information and Content available through the Service are protected by copyright laws throughout the world. In accordance with this Agreement, Good Life Meds grants you a limited, non-transferable, revocable license to access and use the Service for your personal use solely for the intended purposes of the Service. Unless explicitly stated otherwise by Good Life Meds in a separate license, your right to use the Service or the Content is governed by this Agreement, and all rights to the Service and Content are reserved by Good Life Meds. You agree that Good Life Meds and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You agree not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or acGood Life Medsing the Service. Good Life Meds’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of Good Life Meds and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

License to Information Submit

Subject to any limitations described herein, any information you send to Good Life Meds via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum posts, or suggestions (collectively, “Submissions”), will, to the extent permitted by applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant Good Life Meds a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Submissions (in whole or in part) for the purposes of operating and providing the Service to you and other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has fully and effectively waived those rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Good Life Meds, are responsible for all of Submissions that you provide to the Service. In addition to the foregoing, Good Life Meds shall have the right, in its sole discretion, to edit, duplicate, or alter your Submission in any way for any purpose that Good Life Meds deems necessary or desirable. You irrevocably waive any and all so-called moral rights you may have in your Submission. Furthermore, you acknowledge that you shall have no right to approve and no claim to compensation in connection with the Submission.

If a Submission you make contains Protected Information, Good Life Meds’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.

Prohibited Use

You are prohibited from using or attempting to use the Service: (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) in any way that could damage, disable, overburden, or impair any server or the network(s) connected to any server; (iii) in any manner that could interfere with any other party’s use and enjoyment of the Service; (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data, or information not intended by Good Life Meds to be made accessible to a user; (vi) to obtain any materials, or information through any means not intentionally made available by Good Life Meds; (vii) to reverse engineer, disassemble or decompile any section or technology on the Service,; or (viii) for any use other than the business purpose for which it was intended.

In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Good Life Meds representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain malicious code, viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software, code, script, programs, or malware of any kind that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain mail,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.

Good Life Meds reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Good Life Meds may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, Good Life Meds reserves the right, at all times, to disclose any information as Good Life Meds deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Good Life Meds’s sole discretion.

Registration; User Accounts, Passwords, and Security

You may be asked to register and set up an account on the Website in order to access the Service. Some features of the Service may only be available to Users who have registered and have been granted accounts with usernames and passwords. For purposes of clarity, information you provide to Good Life Meds in order to register and set up an account on the Website, including your name, username, email address, shipping address and phone number, are not considered Protected Information for purposes of the Protected Health Information section above. You agree to accurately maintain and update any information about yourself that you have provided to Good Life Meds, the Medical Group or its Providers or the Pharmacies. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify Good Life Meds of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by contacting Good Life Meds. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. Good Life Meds explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

When establishing an account, you will be required to provide a username and password that will be used as your login for your account. We take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.

You must exercise caution, good sense, and sound judgment when using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. Good Life Meds may investigate any alleged or suspected violations and if a criminal violation is suspected, Good Life Meds may cooperate with law enforcement agencies in their investigations.

Third-Party Goods and Services; Indemnification

Parties other than Good Life Meds, including Pharmacies, the Medical Group and Providers, provide services or sell products through the Service (collectively, “Third-Parties”), and Good Life Meds may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.

You agree that Good Life Meds shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that Good Life Meds is under no obligation to become involved in such dispute, and you hereby release and indemnify Good Life Meds, and its corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, the “Good Life Meds Parties”), from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. You agree to defend, indemnify, and hold Good Life Meds and any Third Parties offering products or services through the Service, including the Medical Group, Providers, and Pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Right to Monitor

Good Life Meds reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in Good Life Meds’ sole discretion, may be illegal, may subject Good Life Meds to liability, may violate this Agreement, or are, in the sole discretion of Good Life Meds, inconsistent with Good Life Meds’ purpose for the Service.

Terms of Sale

All products offered for sale by Good Life Meds are subject to availability and we reserve the right to impose quantity limits on any order we facilitate or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.

If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Good Life Meds without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.

All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by Good Life Meds’s third-party online payment processing vendor (“Vendor”). Good Life Meds’s relationship with Vendor, if any, is merely contractual in nature, as Vendor is merely a third-party vendor to Good Life Meds and is in no way subject to Good Life Meds’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier. 

We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

Termination

Good Life Meds may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups, the Providers or Pharmacies terminate or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Good Life Meds. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Good Life Meds Parties harmless from any and all liability that any such Good Life Meds Parties may incur with respect thereto.

Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.

Disclaimers

Content and other information contained on the Service is provided by Good Life Meds as a convenience. Users relying on Content or other information from the Service do so at their own risk.

THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. GOOD LIFE MEDS AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUP, THE PROVIDERS AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE WEBSITE. GOOD LIFE MEDS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. GOOD LIFE MEDS DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOD LIFE MEDS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOOD LIFE MEDS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. GOOD LIFE MEDS SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Notices

Any notices to you from Good Life Meds regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of Good Life Meds.

Electronic Communications

When you access or use the Service or send emails or SMS messages to us, the Medical Group or its Providers, you are communicating with us, the Medical Group and its Providers electronically. Please be aware that your use of these electronic communications methods creates a risk of unintended disclosure of information to third parties, especially if you are not careful to ensure that you are communicating with the correct person or entity. You consent to receive communications from us, the Medical Group and its Providers electronically. We will communicate with you via email, SMS messaging or through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.

Dispute Resolution (Including Informal Dispute Resolution; Binding Arbitration, Class Action Waiver, Jury Trial Waiver)

Please read this section carefully – it significantly affects your legal rights, including your right to file a lawsuit in court.

You and Good Life Meds agree that that most disputes that arise between us and that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions as set forth below. Arbitration is less formal than a lawsuit in court, uses a single neutral arbitrator instead of a judge or jury, and discovery and appellate review is more limited. This section also includes a class action waiver and jury trial waiver. For the avoidance of doubt, this section survives termination of this Agreement and your relationship with Good Life Meds. It is Good Life Meds’ goal that we meet your expectations; however, there may be instances when you have a problem or dispute that needs special attention. In those instances, Good Life Meds is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem, claim, or dispute that you may have with or against Good Life Meds (a “Dispute,” as defined below), you acknowledge and agree that you will first give Good Life Meds an opportunity to informally resolve your Dispute as set forth below in this section. Good Life Meds agrees that it will do the same as to any Dispute that it might have with you.  “Dispute” shall be interpreted broadly and shall include any dispute, claim or controversy between you and Good Life Meds, its affiliates and subsidiaries arising out of or relating to this Agreement, your access or use of the Service, your use of any products or services sold through the Service or your relationship with Good Life Meds whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall include: (a) any dispute or claim that arose before the existence of this or any prior Agreement (including any claims related to advertising); (b) any dispute or claim that is currently the subject of any class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of this Agreement. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, and trade secrets, publicity, and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in this Agreement and (b) issues that relate to the validity and enforceability of the arbitration agreement. This Agreement and the arbitration agreement do not prevent you from bringing a Dispute to the attention of a government agency.

a. Mandatory Informal Dispute Resolution Process

Before submitting a demand for arbitration in accordance with the provisions set forth in this section, if either you or Good Life Meds has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute (“Notice”). If you have a Dispute with Good Life Meds, you agree to provide Good Life Meds with the Notice by sending the Notice to legal@GoodLifeMeds.com, or in accordance with the Notice provisions of this Agreement. If we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you. A Notice must include all of the following: (a) a detailed description of the Dispute; (b) the nature and basis of the claim(s); (c) the relief sought and a calculation for it; (d) information sufficient for Good Life Meds or you to identify any relevant transactions, accounts, or experiences; and (e) the party’s mailing address, email address, and a phone number. Any Notice that you submit must be signed by you and any Notice that Good Life Meds submits must be signed by a Good Life Meds representative. If you want Good Life Meds to speak with your representative, please also provide Good Life Meds with a signed authorization to do so.

During the informal dispute resolution process, should the party receiving the Notice make a request, both parties shall participate in an individualized telephonic settlement conference to facilitate potential resolution of the Dispute. You agree to personally attend any such conference (along with counsel if represented) if Good Life Meds makes such a request, and we agree to have a Good Life Meds representative personally attend any such conference (along with counsel if represented) if you make such a request. You and we agree to negotiate in good faith in an effort to resolve any Dispute. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, you and we agree to the further dispute resolution provisions below. Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating arbitration. Any applicable limitations period (including statutes of limitations) will be tolled for 60 days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period. A court of competent jurisdiction shall have the power to enforce this condition precedent to arbitration, including the power to enjoin the filing or prosecution of arbitration and the assessment and collection of arbitration fees. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a party elects to have that issue decided by a court, then any arbitration shall be automatically stayed pending resolution of that issue. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this mandatory informal process in arbitration. You or Good Life Meds may commence arbitration if the Dispute is not resolved through this process.

b. Agreement to Binding Individual Arbitration. 

You and Good Life Meds agree that subject to the limited exceptions set forth in this Agreement, the sole and exclusive forum for any and all Disputes between you and Good Life Meds shall be final and binding individual arbitration.

c. Exception – Small Claims Court. 

Notwithstanding the foregoing, either party retains the right to have a Dispute heard in small claims court provided the Dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide.

d. Arbitration Procedures. 

You and Good Life Meds acknowledge that this section of the Agreement affects interstate commerce and that the Federal Arbitration Act (“FAA”) and federal arbitration law (and not state arbitration law) apply (despite any other choice of law provision).

Arbitration under this Agreement shall be administered by the American Arbitration Association (the “AAA”) in accordance with the then-current AAA Consumer Arbitration Rules (including applicable AAA Supplementary Rules), which are available at https://www.adr.org/Rules or by calling 1-800-778-7879, as modified by this Agreement. You and we understand that the AAA’s administrative determination that this arbitration provision comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an administrator that shall do so. The applicable AAA rules will govern the payment of AAA fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable. If you are unable to pay your share of the AAA fees, we will consider a request to reimburse them so long as your claim is not held by an arbitrator to be frivolous or brought for an improper purpose. You and Good Life Meds agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Good Life Meds may elect to negotiate with the AAA regarding arbitration fees, and you and we agree to work together in good faith to ensure that arbitration remains cost-effective for all parties. The arbitration demand must be signed by either (a) the claimant if the claimant is unrepresented, or (b) the claimant’s attorney if the claimant is represented. By signing the arbitration demand, the claimant, or the claimant’s attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of arbitration; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all parties and counsel.

The parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH 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, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION OR IN LITIGATION. FURTHER, UNLESS YOU OR WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED

The arbitration will be conducted before a sole neutral arbitrator who shall be located at or near the location where the arbitration will take place. Any in-person hearing will be conducted in the county or city in which you reside or at another location that is reasonably convenient for you. You may choose to have the arbitration conducted by a phone, telephonic, or video hearing, or solely through written submissions, except that any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and Good Life Meds reserve the right to request a hearing in any matter from the arbitrator. You and a Good Life Meds representative shall appear at any hearing (with counsel if represented). Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The parties also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.

The arbitrator may not award relief to anyone who is not a party to the proceeding. The award of the arbitrator may require payment of the costs, fees, and/or expenses incurred by the prevailing party consistent with applicable law and the applicable AAA rules. The provisions of Fed. R. Civ. P. 68 shall be applied by the arbitrator after entry of an award. The arbitrator shall be bound by this Agreement as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties and shall have no preclusive effect in any other arbitration or proceeding to which you are not a named party. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except that an award that has been satisfied may not be entered.

e. Additional Procedures for Mass Arbitration Filings. 

If twenty-five (25) or more claimants (including you) submit Notices or seek to initiate arbitrations raising similar claims against Good Life Meds and are represented by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you agree that these additional procedures shall apply. The parties agree that as part of these procedures, the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated through arbitration, and conserve the parties’ and the AAA’s resources. If you elect to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

i. Stage One. 

If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Good Life Meds shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually as part of Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of staged proceedings, counsel for the parties shall participate in a global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and Good Life Meds shall pay the mediator’s fee.

ii. Stage Two. 

If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Good Life Meds shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of this second staged process. The number of Disputes to be selected to proceed in Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually as part of Stage Two). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator unless counsel for the parties agree otherwise and shall proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, counsel for the parties shall participate in a second global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and Good Life Meds shall again pay the mediator’s fee.

Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.

The Additional Procedures for Mass Arbitration Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

f. Future Changes to Arbitration Agreement. 

If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to legal@GoodLifeMeds.com.  Such notice does not constitute an opt out of arbitration altogether. By rejecting a future change, you are agreeing that you will arbitrate any Dispute as between you and Good Life Meds in accordance with this version of the arbitration agreement.

g. CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

You and Good Life Meds each agree that any proceeding, whether in arbitration or litigation in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

To the fullest extent permitted by law, you and Good Life Meds waive the right to a jury trial.

Governing Law; Venue; Severability of Provisions

This Service is controlled and operated by Good Life Meds from our offices within Texas. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.

The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of Texas, without regard to any conflicts of law provisions. 

All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Third Party Beneficiaries

Any use of third-party software provided in connection with the Service, or any third-party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, if available. If no such license or terms of use exist, the provisions of this Agreement will apply. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement, if any. 

Except for the foregoing or as specifically outlined in this Agreement, including the indemnification provisions contained herein in favor of Good Life Meds, the Medical Group, the Pharmacies, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent to create or establish third-party beneficiary status rights or their equivalent in any other individual, subcontractor, or third party. Unless explicitly stated in the Agreement, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

No Agency Relationship

Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Good Life Meds, the Medical Group, the Providers, or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.

Entire Agreement

This Agreement and any other agreements Good Life Meds may post on the Service or that you and Good Life Meds may execute from to time constitute the entire agreement between Good Life Meds and you in connection with your use of the Service and supersede any prior agreements between Good Life Meds and you regarding use of the Service, including prior versions of this Agreement.

Assignment

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Good Life Meds may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Good Life Meds or to a third-party in the event that some or all of the business of Good Life Meds is transferred to such other third-party by way of merger, sale of its assets or otherwise.

Contacting Us

If you have any questions or concerns about this Agreement, please contact us by email at info@goodlifemeds.com. We will attempt to respond to your questions or concerns promptly after we receive them.