Terms of service
Last Modified: March 11, 2026
Acceptance of the Terms and Conditions
These terms and conditions are entered into by and between You (“You”) and PRESCRIBED ESSENCE RX, INC. ("Company," "We," or "Us"). The following terms and conditions ("Terms and Conditions") govern your access to and use of the website and mobile application including any content, functionality, digital tools, and related services and products (“Services”) offered on or through these modes of communication (altogether “Site” or “Sites”), whether as a guest or a registered user.
Please read the Terms and Conditions carefully before You start to use the Site. By using the Site, You accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, accessible on our home page and incorporated herein by reference. If You do not want to agree to these Terms and Conditions or the Privacy Policy, You must not access or use the Site.
The Site is offered and available to users who are 18 years of age or older. By using the Site, You represent and warrant that You are at least 18 years old and of legal age to form a binding contract with Us. If You do not meet all of these requirements, You must not access or use the Site and/or Services offered on the Site.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when We post them. Your continued use of the Site following the posting of revised Terms and Conditions means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.
Accessing the Site and Account Security
We reserve the right to withdraw or amend these Terms and Conditions, and/or any service or material We provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for You to have access to the Site.
· Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information You provide on the Site is correct, current and complete. You agree that all information You provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and You consent to all actions We take with respect to your information consistent with our Privacy Policy.
If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify Us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that You exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by You or provided by Us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms and Conditions.
THE COMPANY DOES NOT PROVIDE MEDICAL ADVICE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. The content of the Site, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns You may have regarding your individual needs and any medical conditions. All information provided by this Site or in connection with any communications supported by the Company, including, but not limited to, communications with contracted providers, is intended to be for general informational purposes only, and is in no way intended to create a physician-patient relationship as defined by state and federal law, unless specified otherwise. The Site is not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the Site, whether provided by the Company, its contracted providers, its content providers, clients, visitors to the Site, or others, is solely at your own risk. The Company may provide You with access to affiliated independent medical groups that provide health care services through the Site, including MDI Medical Group PC or (“Medical Group”). All of the providers identified or accessible on the Site are independent of the Company and use the Site as a way to communicate with You (known as “Providers”). Moreover, the Company may provide You with access to prescription fulfillment services offered by the following pharmacies: TPCRX Inc. DBA Grand Specialty Pharmacy (“Pharmacies”) located at 1513 S Grand Ave LA CA 90015. While the Company automatically matches You with a Provider and facilitates your communications with and other interactions with Providers, the Company does not provide medical services or pharmaceutical services, and the physician-patient and pharmacist-patient relationship is between You and the Provider or pharmacist You are matched with. By accepting these Terms and Conditions and using the Site You acknowledge and agree that any services You receive from the Medical Group, Providers, or Pharmacies through the Site may be bound by these Terms and Conditions and that such entities may be third-party beneficiaries of these Terms and Conditions.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit You to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
· If We provide desktop, mobile or other applications for download, You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
You must not:
· Modify copies of any materials from this site.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If You wish to make any use of material on the Site other than that set out in this section, please address your request to: info@PrescribedEssence.com.
If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Site or any content on the Site is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Trademarks
The Company name, the terms, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms and Conditions.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Us, may harm the Company or users of the Site, or expose them to liability.
Additionally, You agree not to:
· Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
· Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
· Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Site.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Site.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and We are under no obligation to update such material.
Information About You and Your Visits to the Site
All information We collect on this Site is subject to our Privacy Policy. By using the Site, You consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy.
Linking to the Site and Social Media Features
You may link to our Site, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part
This Site may provide certain social media features that enable You to:
· Link from your own or certain third-party websites to certain content on this Site.
· Send e-mails or other communications with certain content, or links to certain content, on this Site.
· Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, You must not:
· Establish a link from any website that is not owned by You.
· Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Site without prior written authorization.
· Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms and Conditions.
The website from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions. You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third-party websites linked to this Site, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Electronic Communications
When You use the Site, or send emails, messages, and other communications from your desktop or mobile device to us, You are communicating with Us electronically. In return, You consent to receive communications from Us electronically. You agree that all agreements and consents can be signed electronically and that all notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such notices and other communications be in writing. The Company may contact You by mail, email, or text messaging (SMS/MMS).
You agree to receive invitations, notifications, reminders, and other communications from Us (and any of our affiliates or agents) through the Site, or by email or text message. By providing your mobile phone number and email address, You are agreeing to be contacted by or on behalf of the Company at the mobile phone number that You have provided, via text message and/or email, to receive marketing-related information. Message and data rates may apply. These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. To stop receiving these text messages, reply to the message with the word “STOP”. To stop receiving these emails, follow the “unsubscribe” instructions included in the emails You receive. We may confirm your opt out by text message or email. Please note that, by withdrawing your consent, certain features of the Site may no longer be available to You.
Subscription Products
Products available for purchase through the Site may require You to purchase them on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You agree that the Company may modify its subscription fees at any time upon at least thirty (30) days prior written notice.
Until You cancel, We will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the product or continued use of the paid subscription features will reaffirm that We are authorized to charge You. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew. The renewal charge will generally be the same as the prior period’s charge, unless We notify You in advance at the time of sign up or prior to the beginning of the renewal period as described above.
If You were eligible for a promotional rate but are no longer eligible for that rate, then You will be offered to renew your subscription at our then-current non-promotional subscription rate at the start of the renewal period. If You wish to renew and We are currently offering promotional rates at such time, You must renew your subscription prior to the termination of your current plan.
You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing info@PrescribedEssence.com or by selecting that option on the Site. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If You terminate your paid subscription, your subscription will remain active until the end of your then-current subscription period.
Terms of Sale
Only valid payment methods acceptable to Us may be used to complete a purchase via the Site. 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). In connection with any purchase You make through the Site, You may be asked to supply certain information relevant to the transaction. By providing such information, You grant Us an irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.
All credit card, debit card, and other monetary transactions on or through the Site occur through an online payment processing application accessible through the Site or one of its trusted third-party contractors. This online payment processing application is provided by the Company’s third-party online payment processing vendors. Additional information about the vendors, their privacy policy and their information security measures should be available on their website or by contacting the vendors directly.
Refund Policy
Initial Consultation Fee: After a user has fully set up its account (including by submitting the medical history questionnaire and proper government-issued identification for verification and scheduling a Clinician consultation), the user can receive a refund for 100% of its initial consultation fee by canceling its appointment prior to the start of the consultation or scheduled start of the consultation, whichever comes first. The start of the consultation is defined as the first communication via video or chat message from the clinician to the user. The scheduled start of the consultation is defined as the time selected by the user to meet with a Clinician. Once the initial consultation starts or is scheduled to start, users are not eligible for a refund for the initial consultation fee. Users are not eligible for a refund if they fail to join the consultation via video or chat at the scheduled start of the consultation. In some states, a synchronous consultation is required. This means the user must be present on a secure video call with the clinician. If the user has technical issues that make him or her unable to join their scheduled appointment, the appointment will be canceled. The user is responsible for rescheduling. In the event the consultation is not rescheduled, no refund is due to the user. For some users, lab work is required prior to initial consultation. Users can get the lab work from their primary care physician or our third-party vendor. If labs are not provided or the user is unable to get their labs completed with third party vendor, the user is not eligible for a refund. If the user fails to schedule and join their initial consultation within three months of agreeing to our terms and conditions their opportunity for a refund will be terminated. To ensure users receive appropriate medical care and evaluations, a user's information may need to be validated. We review each submission for any discrepancy and/or falsification of data and have the right to decline or end the user’s participation at any time if the information appears to be falsified. No refund(s) will be due to users who falsify information.
Subscription Fee: The subscription fee is not refundable once a billing period has started. If a user cancels during a billing period, the user may access the Site until the end of the billing period. Users may reach out to their Care Team at any point to see when their current billing period ends and their next billing period begins.
How to Cancel: Subscribed Users are able to cancel their initial consultation and subscription on the Membership section of their Account tab. If they have any questions, members can reach out to their Care Team within the Site portal or email.
How to Reschedule: Subscribed Users must reschedule their initial consultation and subscription by reaching out to their Care Team within the message portal, via email or by selecting the reschedule option prior to the start of their initial consultation.
Geographic Restrictions
The owner of the Site is based in the State of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SITES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SITES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SITES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SITES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SITES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SITES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY OTHER ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SITES, OR COMPUTER FAILURE OR MALFUNCTION.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITES OR ANY OTHER RELATED SITES. THE OPERATION OF THE SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, OR PROGRAMS. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SITES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITES. THE MAXIMUM LIABILITY OF US, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SITES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WEEKEND HEALTH AND YOU. THE SITES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Site.
Termination
We may terminate your use of the Site for any or no reason at any time. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
You agree that any legal suit, action or proceeding to enforce the Arbitration provision below shall be instituted exclusively within Los Angeles County, but We retain the right to bring any suit, action or proceeding against You for breach of these Terms and Conditions in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Dispute Resolution; Arbitration
You must submit any disputes arising from these Terms and Conditions or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING FROM OR RELATING TO THESE TERMS OF USE OR THE SITES WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms and Conditions, we and you (collectively, the “Parties”) shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If the Parties do not reach such solution within a period of ninty (90) days, then all disputes shall be resolved by binding arbitration in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable in any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. Such a notice should be mailed to:
Prescribed Essence RX, Inc.
5413 Valley Blvd, Los Angeles, CA 90032
ATTN: Dispute Notice
And emailed to: info@PrescribedEssence.com
The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party (excluding claims brought under the following paragraph regarding intellectual property and preliminary equitable relief claims) are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the Parties agree shall apply. The fees charged by the AAA and arbitrator shall be shared equally by the Parties.
Any action, claim or dispute You have against Us must be filed within one (1) year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under these Terms and Conditions must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute can first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor We will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms and Conditions or any disputes between the Parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
DMCA Notification
We respect the rights of intellectual property holders. If You believe that any content on the Site violates these Terms and Conditions or your intellectual property rights, You can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). In the case of an alleged infringement, please provide the following information:
1. A description of the copyrighted work or other intellectual property that You claim has been infringed;
2. A description of where the material that You claim is infringing is located on the Services (including the exact URL);
3. An address, a telephone number, and an e-mail address where We can contact You;
4. A statement that You have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement by You under penalty of perjury that the information in your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and,
6. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before We remove allegedly infringing material. You may report a copyright violation by providing the above information to our designated agent at: info@PrescribedEssence.com.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between You and PRESCRIBED ESSENCE RX, INC. with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
Your Comments and Concerns
This website is operated by Prescribed Essence Rx, Inc., with a business address of 5413 Valley Blvd, Los Angeles, CA 90032 All legal notices should be sent to that address. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@PrescribedEssence.com.
