TERMS OF SERVICE: THE FOLLOWING INFORMATION IS STANDARD AMONG TELE-HEALTH PLATFORM PROVIDERS—PLEASE READ CAREFULLY
OVERVIEW
SuperNova Virtual Health, LLC (“SuperNova Health”, “we”, “us”) owns and operates the website snvirtualhealth.com, which is hosted by yourpracticeonline.com. This site, along with any other websites we may make available to you now or in the future, is referred to collectively as the “Site”. SuperNova Virtual Health offers the Site, including all information and content therein (collectively, the “Content”), products available for purchase (the “Products”), therapeutics and various services (the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated or referenced herein (the “Terms of Service”) and compliance with all applicable laws and regulations. Personal use of certain features or components of our Site as well as access to Services are limited to those individuals who choose to have an account with us.
Please read these Terms of Service carefully before accessing or reaching out to us. By registering for and/or accessing, providing your information, and using the Site or Services, you agree to be bound by these Terms of Service and all other terms and policies that appear on the Site or Services. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS OF SERVICE IF YOU ARE NOT AT LEAST THE AGE OF MAJORITY (AGE 18) IN YOUR JURISDICTION OF RESIDENCE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE, DO NOT ACCESS AND/OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS, AND SUPERNOVA HEALTH’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND SUPERNOVA HEALTH’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY SUPERNOVA HEALTH AND BY YOU TO BE BOUND BY THESE TERMS.
We reserve the right to make changes to these terms and update these Terms and Conditions at any time.
ARBITRATION/LITIGATION NOTICE
Except for certain kinds of disputes described (see following sections-Special circumstances), you agree that disputes arising under these Terms AND CONDITIONS will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SUPERNOVA HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See following section-Special Circumstances).
SERVICES
We offer certain biomarker testing, services, therapeutics, and content through our Site. In order to use our services you must access our tele-health and telemedicine services. Our Services are currently available only to individuals who are at least the age of majority in their jurisdiction of residence (age 18), and only available in the following United States: NY, PA, VA, CO, NV and WY. YOU MUST RESIDE IN ONE OF THESE STATES (POSSESS A PHYSICAL ADDRESS) to use our services and products.
PRESCRIPTION THERAPEUTICS
SuperNova Health’s therapeutics are ordered from Strive Pharmacy. Strive Pharmacy is a LegitScript-certified Compounding Pharmacy. Strive Pharmacy owns and operates six pharmacy locations in the United States. Strive ships from the nearest geographical location to your residence. The locations: A)1275 E Baseline Rd, Ste. 104, Gilbert, AZ 85233; B) 8950 Villa La Jolla Drive, Suite C225, La Jolla, California 92037; C) 11405 E Briarwood Ave, Ste 300, Centennial, Colorado 80112; D) 3906 Cragmont Dr, Tampa, FL 33619; E) 1430 S Main, Ste 105, Boerne, Texas 78006; and F) 8928 S. State St., Sandy, Utah 84070.
By accepting these Terms of Service, you acknowledge and accept that SuperNova Virtual Health is not a prescription fulfillment service, rather a tele-health company that approves your suitability for certain therapeutics and has said therapeutics sent to you on your behalf. When you use these Services, you understand that we are simply connecting you to a sourcing pharmacy and charging you a FEE to do so via a certified Healthcare Practitioner. SuperNova Health is not a partner with Strive Pharmacy. SuperNova Health MAKES NO CLAIMS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, OR TIMELINESS OF THE PHARMACIES OR THE PRESCRIPTION PRODUCTS AND IS NOT RESPONSIBLE FOR ANY OF THE SERVICES PROVIDED BY THE PHARMACIES.
If you wish to be connected with a Provider through the Site, you understand and agree that you are providing your personal health information to SuperNova and receiving advice and prescriptions from SuperNova Providers. Please review our Privacy Policy for more information about our practices regarding your personal data. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, (i.e. CHEST PAIN, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY.
By accepting these Terms of Service, you acknowledge and agree that SuperNova Health providers may send you electronic messages through EMR platforms, including results, reports, instructions, and/or advice related to your diagnosis and/or treatment. You further understand that the Providers may contact you via email or text with information. You are responsible for checking and responding to these messages. SuperNova Health or any of its Providers ARE NOT liable for any injury, loss, or claims resulting from your failure to read or respond to these messages or comply with the advice or instructions contained in a message from a SuperNova Provider.
PRODUCTS/THERAPEUTICS
You understand and agree that all therapeutics prescribed to you by SuperNova providers (and any associated information) should be used strictly in accordance with their instructions, precautions and guidelines and in accordance with applicable laws in your jurisdiction (including but not limited to copyright laws). Unless expressly provided by the manufacturer, the statements made about the therapeutics by their manufacturers have not been evaluated by any government agency and the results reported, if any, may not necessarily occur in all individuals.
You acknowledge that you will always check the listing of ingredients to avoid allergic reactions. You have the right to consult with your Provider, your own physician or another healthcare practitioner regarding the use of any therapeutic before using them. Your Provider, physician or other healthcare practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. The therapeutics are available for your personal use only. You understand that the prices for our therapeutics may change without notice.
You may not purchase a Prescription Product unless and until you have completed a consultation with a SuperNova Health Provider, and such Provider has provided a written prescription.
If you fill a prescription with a pharmacy other than the Pharmacies SuperNova uses, the provider 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.
BILLING
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and invoice/contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of Products or Services. You also agree to pay for the shipping and handling charges, if any, shown at the time you make a purchase.
Your payment method will be automatically charged based on the terms of the programs and protocols for which you sign via DocuSign. You may cancel a subscription thirty days before the next monthly processing date of your subscription (after your initial commitment has concluded) by contacting [javascript protected email address] with your cancellation request.
SuperNova Health reserves the right to refuse any order you place with us or limit or cancel quantities in our sole discretion. If we make a change to or cancel an order, we may attempt to notify you by contacting you through your account or by using the contact information you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SuperNova does not accept requests for HCA accounts or any insurance payer programs.
TERMINATION
SuperNova Health may terminate your access to the Site or any of the Services at any time and for any reason, including, without limitation, your breach of any of the Terms of Service. Upon termination, your access to the Site and the terminated Services will immediately cease but you will remain liable for all amounts due up to and including the date of termination (including amounts due for Products purchased prior to such termination). The disclaimers, limitations of liability, releases and waivers set forth in these Terms of Service shall survive any such termination.
You may also terminate these Terms of Service at any time by notifying us that you no longer wish to use the Site, or our Services, or when you cease using the Site or the Services.
SPECIAL CIRCUMSTANCES
DISCLAIMER OF WARRANTIES
ALL SERVICES, THE SITE AND CONTENT AND THERAPEUTICS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS AND RISKS.” BY USING THE SERVICES OR A THERAPEUTIC, YOU DO SO AT YOUR OWN RISK, AND THAT YOU WILL BE WHOLLY RESPONSIBLE FOR YOUR USE. SUPERNOVA HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT, OR ANY OF THE SERVICES OR THERAPEUTICS. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERNOVA HEALTH SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT, THERAPEUTICS AND SERVICES, EVEN IF SUPERNOVA HEALTH PARTIES WERE ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SUPERNOVA HEALTH PARTIES’ LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR PRODUCTS AND SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE EVENT THAT IS THE BASIS FOR THE CLAIM.
YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the SuperNova Virtual Health, and the Pharmacies and Providers, from any and all third party 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 Site and any therapeutics, or your breach of these Terms of Service (including any referenced policies or notices),or your violation of any law or the rights of a third party.
DISPUTE RESOLUTION/ARBITRATION
In the interest of resolving disputes between you and SuperNova Virtual Health in the most expedient and cost-effective manner, you and SuperNova Health agree that every dispute arising in connection with these terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration utilizes a neutral arbitrator instead of a judge or jury. This allows for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators have the ability to award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms. You understand and agree that, by entering into these terms, you and SuperNova Health are each waiving the right to a trial by jury or to participate in a class action.
Exceptions. Despite these general provisions, nothing in these terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and SuperNova Health will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules expedited (collectively, “AAA Rules”) as modified by these terms. The arbitration will be before a single arbitrator. The AAA rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.