Terms of Use

Last updated: March 1, 2021

Welcome to MyMenopauseRx, LLC. (“MyMenopauseRx", "we", "us", "or", "our" ) an online doctor's office and lab service devoted to menopause care. The mymenopauserx.com website (the "Site") consists of various web pages operated by MyMenopauseRx, LLC. ("MyMenopauseRx"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site and its services constitutes your agreement to all such Terms, Privacy Policy and Telehealth Consent. Please read these Terms, Privacy Policy and Telehealth Consent carefully, and keep a copy of them for your reference.

The Site (mymenopauserx.com ) is a Telehealth platform that provides access to consultation services and lab testing, collectively referred to as "Services" related to menopause through secure telehealth technology.

IF YOU HAVE OR ARE HAVING A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM (911), OR GO TO YOU LOCAL EMERGENCY ROOM.

By utilizing MyMenopauseRx, whether just reading content, opening an account or choosing to utilize our medical/lab services, you agree you are bound by these Terms. Utilizing our Services indicates you agree to the following Terms, including our Privacy Policy and Telehealth Consent. If you do not agree with these Terms, Privacy Policy or Telehealth Consent, please do not use MyMenopauseRx website or services.

Services

MyMenopauseRx provides a technology platform and infrastructure to connect women with physicians and nurse practitioners, (“Providers”), for menopause care under the MyMenopauseRx brand. Care is delivered thru secure teleconferencing technology (video visit) for the purpose of a menopause health care consultation. The mymenopauserx.com Site is meant for informational purposes only and not meant to be considered medical advice. MyMenopauseRx provides a technology platform and infrastructure to connect women with the ability to “self-order” certain menopause related lab testing. MyMenopauseRx also provides users with secure messaging via a secure patient dashboard.

MyMenopauseRx recommends you use this Site, its medical consultations and lab services at your own risk and you agree to hold MyMenopauseRx, the Site, its providers or any associated third parties harmless for any unwanted/unexpected side effects or conditions related to your online care. Furthermore, you agree to indemnify, defend and hold harmless MyMenopauseRx, its officers, directors, employees, Providers, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Services.

Use of this site and services is NOT FOR EMERGENCIES or URGENT CARE. You should not delay or disregard seeking medical advice based on anything that appears on MyMenopauseRx’s site or any past or present consultation with a Provider or staff.

Your interaction with our service is NOT meant to replace your existing relationship with your local OB/GYN or primary care provider.

MyMenopauseRx is not an insurance product, prescription fulfillment warehouse or lab. Lab services offered through MyMenopauseRx are completed by Quest Diagnostics. MyMenopauseRx contracts with Quest Diagnostics as a third party. Quests Diagnostics has their own quality measures and policies that are available on their website. We suggest you read them. The monies you pay for services are not medical insurance premiums.

MyMenopauseRx and its Providers reserve the right to deny care for noncompliance with the Services, Terms, Privacy Policy and/or Consent to Telehealth or for any actual or potential misuse of Services, Terms, Privacy Policy and/or Consent to Telehealth. You understand that no results can be guaranteed or assured related to your menopause care.

Authorization and Acknowledgement

***By agreeing to the Terms, Privacy Policy and Telehealth Consent, you have read, acknowledged, understood and agree to herein Terms, Privacy Policy and Telehealth Consent. You understand that by checking the “I Agree” box for these Terms, Privacy Policy, and the Telehealth Consent when they are presented to you on the Site, you are agreeing to these Terms, Privacy Policy, and the Telehealth Consent and that such action constitutes a legal signature.***

Providers

MyMenopauseRx contracts with physicians, nurse practitioners and other healthcare providers collectively referred to as “Providers” to provide medical services for its Site. Our Providers offer online medical consultations, secure messaging and lab services to patients utilizing our telehealth technology platform. The professional medical services and the non-clinical Site services which are provided by MyMenopauseRx are collectively referred to in this Terms of Use as the “Service."

MyMenopauseRx itself does not practice medicine. MyMenopauseRx does not interfere with the practice of medicine or nursing, or any other licensed profession, that a Provider performs. Each Provider is responsible for her/his services and compliance with the requirements applicable to her/his profession and license. Any information or advice you receive from a Provider comes from her/him alone, and not from MyMenopauseRx. Neither MyMenopauseRx nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Provider via the Services. MyMenopauseRx does not endorse any specific Providers, tests, medications, products, procedures, or the like that may be recommended by a Provider or the Site. You acknowledge that any service provided by any Provider, or information provided by any Provider, or on the Site is solely at your own risk and that you assume full responsibility for all risk associated.

A Provider (“Provider” “they” "them”) using the Site must be a licensed physician, nurse practitioner, or healthcare professional contracted by MyMenopauseRx, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to them as a Provider or otherwise. Your relationship with the MyMenopauseRx provider is directly between you and the Provider. You will never have a physician-patient relationship with MyMenopauseRx. MyMenopauseRx itself does not practice medicine and offers no medical services.

MyMenopauseRX or the Site does not provide any medical advice, or representations in any way regarding medical issues associated with Provider, goods or services offered by Provider. The Provider and MyMenopauseRx agree that MyMenopauseRx is not providing, to you, the user or anyone else, medical advice.

Informed Consent for Telehealth Services

Telehealth is the delivery of healthcare services using interactive audio and/or video technology, where the patient and provider are not in the same physical location. During your telemedicine consultation with the Provider, details of your medical history and personal health history may be discussed through the use of interactive video and /or other telecommunications. You will be asked to verify your identity by uploading a copy of your driver’s license or state issued identification into our platform. Our services will only be offered in states Providers are licensed to practice.

You understand that the laws that protect the privacy and security of health information (HIPAA) apply to telemedicine and you have read, understood and agree with MyMenopauseRx privacy policy which describes these protections in more detail.

You agree you have read, understand and agree to our informed consent for telehealth. Consent for telehealth is available for your review on our Site. Proceeding with scheduling Services indicates you have read and agreed to our consent. You will be presented with our consent to telehealth upon creation of your account and the aforementioned consent will remain in effect for the duration of your utilization of our Services. If you do not agree with our consent to telehealth, do not use our Services.

Availability of Services

MyMenopauseRx operates subject to state and federal regulations. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Our Services may not be available in your state. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal is prohibited. Accessing our services from jurisdictions where we do not offer Services or are not licensed to offer services is prohibited.

You understand your Provider, in her or his sole discretion and professional judgment, may determine that telemedicine services are not appropriate for your treatment needs and, accordingly, may elect not to provide telemedicine services to you through the My MenopauseRx platform. You understand that the providers at MyMenopauseRx will decline your services only after they have fully evaluated your medical information, health history, performed a telehealth visit and in their professional medical judgement, determined you are not a good candidate for online care. No services will be considered for women under the age of 40 years of age or with a personal history of a gynecologic cancer.

Electronic Medical Record

MyMenopauseRx Electronic Medical Record (“EMR”) is created for you to enter, store and access your personal health information online, including medical history, current menopause related health conditions, symptoms, complaints, allergies and medications, and for the Provider to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information you provide during your video consultation becomes part of your MyMenopauseRx EMR as entered by your Provider. We do not record your private video consultations. You agree to provide accurate, truthful, current and complete information about yourself, family history, medical history, symptoms, complaints, allergies, medications and preferred pharmacy. You agree to review and update such information prior to each video visit and as needed to keep it accurate, current and complete. By requesting a consultation through MyMenopauseRx’s medical services, you agree to disclose the contents of your complete MyMenopauseRx EMR to the Provider who will conduct your consultation. We recommend that the user read and share their consultation documents with their personal health provider.

Limitations of Use

You will not use the website or Services in any unlawful way and/or for any unlawful purpose in any way. You will not post or transmit a message under a false name, or use the network resources of MyMenoapuseRx to impersonate another person or misrepresent authorization to act on behalf of others. You will not allow another person or entity to use your account, username or password to access or use our Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of MyMenopauseRx, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses our Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or our Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of our Site or Services. You will not use robots or scripts with our Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by our Site. You further agree that any information you provide or use on our Site, and your use of our Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

You agree all customer-specific information provided by you in connection with Services shall be governed by the MyMenopauseRx Privacy Policy which is hereby incorporated and made a part of this agreement. The Privacy Policy can be found at the bottom of the home page of the Site. As part of these terms and conditions, you acknowledge that you have read, understand and accept all terms and conditions contained within the MyMenopauseRx Privacy Policy.

MyMenopauseRx reserves the right to terminate any account that does not include a valid email address on file. The valid email address must be stored in the profile for your account on the MyMenopauseRx system.

MyMenopauseRx maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Intellectual Property Rights

Our Site, it’s content and our proprietary software which runs our telehealth, medical consultation and lab ordering services collectively referred to as "Services” and any other third-party licensors are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to MyMenopauseRx or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of MyMenopauseRx, its affiliates, or any third party.

With the exception of your electronic medical record, MyMenopauseRx, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by MyMenopauseRx (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of MyMenopauseRx, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of MyMenopauseRx trademarks, service marks, and logos are strictly prohibited without the prior written permission of MyMenopauseRx, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by MyMenopauseRx or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use mymenopauserx.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MyMenopauseRx that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MyMenopauseRx or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MyMenopauseRx content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MyMenopauseRx and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MyMenopauseRx or our licensors except as expressly authorized by these Terms.

Incorrect Pricing due to Typographical Errors

In the event a Service is listed at an incorrect price due to typographical error, we shall have the right to refuse or cancel any such order(s) whether or not the order has been confirmed and/or your credit or debit card charged for Service(s) listed for any incorrect price. In the event that a Service is purchased and a credit or debit card is charged with an incorrect price due to typographical error, we will promptly issue a credit to your credit or debit card account in the amount of the charge for the purchase of aforementioned Service(s) when the order is canceled.

Online Payments and Payment Method

You can purchase Services on the Site. By using our Services, you elect to be seen as a "self-pay" and understand you will not have the direct ability to utilize your medical insurance. We do not accept any medical insurance. You will be solely responsible for submitting any documentation requested by your health insurance plan/HSA/FSA for reimbursement.

For Payment Method, we accept credit or debit cards issued by U.S. banks and prices are set in USD (United States Dollars). If a credit card account is being used for a transaction, MyMenopauseRx may obtain pre approval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online at the time of placing a new order through Square, our third party credit card processor. A new Payment Method may temporarily delay your ability to make online payments or use Services while we verify your new payment information.

By providing a credit card or other Payment Method accepted by MyMenopauseRx, you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services together with any applicable taxes. You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify MyMenopauseRx of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the "Services" that correspond to consultation, lab fees or other provided services. You acknowledge and agree that fees for consultations or lab services may increase at any time.

Furthermore, you represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct, complete and accurate, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make purchases or other transactions with the relevant credit/debit card and credit/debit card information. MyMenopauseRx is not a bank. We contract with a third party (Square) for credit card processing on our behalf. You understand that you are fully responsible for payment.

Disclaimer of Warranties; Limitation of Liability

Your use of the MyMenopauseRx Services is at your own risk. The Services are provided “As Is' ' without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. This information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MyMenopauseRx and/or its suppliers may make improvements and/or changes periodically in the site at any time.

We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus- free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services.

In no event will we, or our parent companies, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss. MyMenopauserx's liability in some jurisdictions shall be limited to the maximum extent as permitted by law. You agree that your sole remedy for any claim associated with the Services will be to cease using the Services. You agree to defend, indemnify, and hold harmless MyMenopauseRx and the Providers from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.

MyMenopauseRx does not warrant that access to or use of the site will be uninterrupted or error-free or that defects in the Site will be corrected. this Site, including any content or information contained within it or any site-related service, is provided "AS-IS," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. MyMenopauseRx does not warrant the accuracy, completeness, or timeliness of the information obtained through the Site.

You assume total responsibility and risk for your use of this Site, Services, and linked websites. MyMenopauseRx does not warrant that files available for download will be free of viruses, worms, trojan horses, time bombs, malicious computer code or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: MyMenopauseRx shall not be liable for the acts or omissions of the providers. MyMenopauseRx and any third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site, Services, and/or linked websites is to stop using the Site and/or those Services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of MyMenopauseRX to you with respect to your use of this Site is $500 (five hundred dollars). You hereby agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnifications or releases.

Prescription Policy

MyMenopauseRx or providers do not endorse any specific medication, pharmacy, or pharmacologic product. Providers will comply with all applicable federal and state laws. Providers make clinical judgements based on the information you provide in your electronic health intake and during your video consultation. If a Provider prescribes a medication, she/he will do so when medically indicated in their sole professional judgment. There is no guarantee a provider will issue a prescription. You understand the lack of access to all of your medical records or incomplete, untrue, inaccurate, incorrect medical history may result in adverse drug reactions or allergic reactions or other judgment errors that may or may not be foreseeable.

You Agree that any prescription that you acquire from the provider shall be solely for your personal use as directed by your Provider. You agree to fully and carefully read all the provided product information and labels provided with your prescription from the pharmacy and contact a physician or pharmacist if you have questions. You agree that you will take any prescribed medications as directed by the Provider. MyMenopauseRx providers do not prescribe controlled substances or scheduled medications. Providers reserve the right to deny care for actual or potential misuse of the Services or Terms.

Privacy

Your use of mymenopauserx.com is subject to MyMenopauseRx's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting mymenopauserx.com or sending emails to MyMenopauseRx constitutes electronic communications. You consent to receive electronic communications, including promotional emails and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign, share or otherwise transfer your account to any other person or entity. You acknowledge that MyMenopauseRx is not responsible for third party access to your account that results from theft or misappropriation of your account. MyMenopauseRx and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

To access our site, you represent you are 18 years of age or older. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. MyMenopauseRx does not knowingly collect, either online or offline, personal information from persons under the age of 18. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, PLEASE CONTACT US AT: hello@mymenopauserx.com.

Since Our Site and Services are devoted to menopause care, to use our telehealth services, we restrict access to women 40 years of age and older. In order to access our Services, you represent and warrant that you are of 40 years or older. You represent and warrant that you are able to sign a binding contract and possess the legal right and ability, on behalf of yourself to agree to these Terms of Use, register for the MyMenopauseRx services under your own name and to use the MyMenopauseRx services in accordance with these Terms and abide by the obligations hereunder. You agree to fully, completely, accurately and truthfully create your MyMenopauseRx account, including, but not limited to, your name, mailing address, phone number, email and password. You agree to prohibit anyone else from using your MyMenopauseRx account and credentials. You agree to immediately notify MyMenopauseRx of any actual or suspected unauthorized use of your account, credentials or other security concerns of which you become aware. In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the Site and the Services. MyMenopauseRx may, in its sole discretion, refuse to provide Services for noncompliance with these Terms and/or any other actual or potential misuse of your account or the MyMenopauseRx Services. MyMenopauseRx recommends that you do not access your account or our services from a public computer. In no event and under no circumstances shall MyMenopauseRx be liable to you for any liabilities and/or damages arising out of the use of the MyMenopauseRx Site, MyMenopauseRx Services, your account information, or the release of your account information to third parties.

MyMenopauseRx recommends that you do not store your account password through your web browser or other software.

MyMenopauseRx may contact you by telephone, mail, email or via your patient dashboard to verify your account information. We may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, MyMenopauseRx reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer to MyMenopauseRx as requested.

Cancellation / Refund Policy

Your credit card is charged at the time of booking your appointment. You may cancel or reschedule your appointment 72 hours in advance. If you choose to cancel your appointment 72 hours prior to your appointment time, a refund will be made to the credit card you utilized to schedule your appointment. Since our providers reserve your visit time in their schedule for you, just like an in-person doctors office and we do not utilize a first come first serve waiting room type of service, there are no refunds for missed or cancelled appointments unless done 72 hours prior.

Links to Third Party Sites / Third Party Services

MyMenopauseRx.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MyMenopauseRx and MyMenopauseRx is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

MyMenopauseRx is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyMenopauseRx of the site or any association with its operators.

***MyMenopauseRx does not recommend and does not endorse the content on any third-party websites. MyMenopauseRx is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. ***

Certain services made available via mymenopauserx.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the mymenopauserx.com domain, you hereby acknowledge and consent that MyMenopauseRx may share such information and data with any third party with whom MyMenopauseRx has a contractual relationship to provide the requested product, service or functionality on behalf of mymenopauserx.com users and customers.

International Users

The Service is controlled, operated and administered by MyMenopauseRx from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MyMenopauseRx Content accessed through mymenopauserx.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless MyMenopauseRx, its officers, directors, employees, Providers, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MyMenopauseRx reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MyMenopauseRx in asserting any available defenses.

Force Majeure

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) Acts of God, internet failure, malfunction of data/database/software or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, pandemic, industrial dispute (whether or not involving the Company’s employees), or acts of local or central government or other competent authorities.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

By accepting these Terms you acknowledge that you understand and agree with the following: YOU AGREE THAT DISPUTES BETWEEN YOU AND MYMENOPAUSERX WILL BE RESOLVED BY BINDING, INDIVIDUAL 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. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MyMenopauseRx agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MYMENOPAUSERX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. MYMENOPAUSERX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS'' WITHOUT WARRANTY OR CONDITION OF ANY KIND. MYMENOPAUSERX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYMENOPAUSERX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYMENOPAUSERX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination / Access Restriction

MyMenopauseRx reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MyMenopauseRx as a result of this agreement or use of the Site. MyMenopauseRx's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MyMenopauseRx's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MyMenopauseRx with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement, including the privacy policy and telehealth consent, constitutes the entire agreement between the user and MyMenopauseRx with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MyMenopauseRx with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

MyMenopauseRx reserves the right, in its sole discretion, to change the Terms under which mymenopauserx.com is offered. The most current version of the Terms will supersede all previous versions. MyMenopauseRx encourages you to periodically review the Terms located on the site to stay informed of our updates.

Contact Us

MyMenopauseRx welcomes your questions or comments regarding the Terms:


MyMenopauseRx

1604 N Main St

Wheaton, IL 60187


***If Users of the Website wish to contact us in writing, or if any clause in these Terms, privacy policy or Telehealth consent requires a notice in writing, they may send us an e-mail at hello@mymenopauserx.com.We will confirm receipt of any email by contacting the User in writing by e-mail.***

Email Address: hello@mymenopauserx.com