Terms

AMONG OTHER ACTIVITIES, Brightmeds LLC ENABLES COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE OFFERINGS MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE OFFERINGS FROM Brightmeds, LLC.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY OFFERINGS PROVIDED ON OR THROUGH THE SITES.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

Brightmeds LLC (collectively, “Brightmeds LLC,” “we”, “us”, or “our”) own and operate the websites located at brightmeds.com . This site is intended to facilitate the provision of Products & Offerings to registered users. The Products & Offerings may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with access to technology-oriented tools for weight management; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, and communications; (iv) tools that help manage the ordering and delivery of prescribed medications; and (v) telecommunications support for using the Products & Offerings as a means of direct access to health care providers provided by Brightmeds LLC and similar affiliated professional entities for communication, consultations, assessments, and prescription by such health care organizations and their providers.

These terms and conditions of use (“Terms and Conditions”) describe your rights and responsibilities with regard to the Brightmeds LLC Sites that you may use to receive Products & Offerings. Your access to and use of the Sites is subject to these Terms and Conditions, our Privacy Policy, as well as all applicable laws and regulations. In these Terms and Conditions, the terms “you” and “yours” refer to the person using the website. Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms and Conditions are entered into between you and Brightmeds LLC. If you do not accept and agree to be bound by these Terms and Conditions, you are not authorized to access or otherwise use the Sites, Products & Offerings or any information or Content provided through the Sites or Products & Offerings. The Sites and Products & Offerings are continually under development, and Brightmeds LLC reserves the right to review or remove any part of these Terms and Conditions in its sole discretion at any time and without prior notice to you. Any changes to these Terms and Conditions are effective upon posting to the Sites.

Unless otherwise indicated, any new Content added to the website is also subject to these Terms and Conditions upon posting to the Sites. If you disagree with these Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Sites and/or Products & Offerings. Your continued use after a change has been posted constitutes your acceptance of the changes.

For individuals who register as users of (“Users”), Brightmeds LLC makes available certain Products & Offerings, either sold or offered by Brightmeds LLC or third-party medical providers, pharmacies, or other vendors through our portal. Our portal grants you access to prescription fulfillment offered by the following pharmacies: Beaker Pharmacy (the “Pharmacy”), Red Rock Pharmacy (the “Pharmacy”), and is not exclusive to partnerships we may establish with other pharmacies. Additionally, access may be provided to licensed medical care offered by one or more of the following medical groups (the “Medical Groups”): M & D Integrations or TelegraMD and its affiliated healthcare providers. These medical groups employ or contract health professionals who deliver specific healthcare. Upon acceptance of this Agreement, you acknowledge and agree that any Products & Offerings obtained from the Pharmacy, Medical Groups, or Providers through the use of our site are subject to this Agreement. Furthermore, the Pharmacy, Medical Groups, and Providers are acknowledged as third-party beneficiaries of this Agreement.

We do not govern or intervene in the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for overseeing the medical care and prescriptions they administer to you. By accepting this Agreement, you acknowledge and agree that Brightmeds LLC is not a healthcare provider, and your use of the website does not establish a patient-physician or any other healthcare provider-patient relationship with Brightmeds LLC. However, through the website, you may establish a physician-patient or other healthcare provider-patient relationship with the Medical Group and/or one or more Providers.

Upon acceptance of this Agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, and emails via the portal concerning your diagnosis and/or prescription. You further comprehend and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails. Neither Brightmeds LLC nor the Medical Group nor any Provider will be held responsible, and you will not hold Brightmeds LLC, Medical Group, or any Provider liable for any loss, injury, or claims resulting from your failure to read or respond to these messages, or for your failure to comply with any prescription recommendations or instructions from the Medical Group or your Provider(s).

While you are not establishing a physician-patient or any other healthcare provider-patient relationship with Brightmeds LLC through the use of the website, you are establishing a direct customer relationship with Brightmeds LLC for the use of the website, including the purchase of any prescription medications or related health products directly sold to you by Brightmeds LLC via the website. In the course of this relationship, you may provide us, or cause to be provided on your behalf, personal information, including health information, subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy.“

By engaging in transactions with Brightmeds LLC, you agree to pay all fees associated with the requested Products & Offerings at the rates and according to the payment terms presented to you. You will be prompted to provide payment details, including credit card information. By submitting your payment information, you authorize Brightmeds LLC, its affiliates, or third-party payment processors to charge the specified amount, as defined below.

You acknowledge and agree that you are responsible for all fees related to obtaining prescription medications, including any associated clinical assessments required for prescribing. Payments made to Brightmeds LLC may include fees collected on behalf of healthcare organizations or providers. Any prescription medications not provided directly by Brightmeds LLC, an affiliated physician network, or Pharmacy Network may result in separate charges from the relevant healthcare organizations or providers. If your credit card expires or if Brightmeds LLC, our affiliates, or our third-party payment processors encounter difficulty processing your payment, you may receive a notification (Email/SMS) prompting you to provide an alternative payment method. Brightmeds LLC and/or the relevant healthcare organizations or providers are not obligated to provide any Products & Offerings until full payment is received and/or verified. It is your responsibility to ensure that your payment information, including credit card number and billing address, is accurate and up to date at all times.

Except as otherwise stated in any return or refund policy provided by Brightmeds LLC, you acknowledge and agree that fees and charges for Products & Offerings purchased through Brightmeds LLC are non-refundable, either in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges. Patients who are screened by Brightmeds-affiliated healthcare professionals who are found ineligible for prescription get a 100% refund.

As part of some Programs, an initial lab test is conducted to assess your needs and determine the appropriate course of action. The cost of the initial lab test is $100. This fee is included in the total cost of the product if you choose to proceed. If you choose not to proceed after the lab test has been completed, the $100 fee will be deducted from any payment or deposit made. This fee is non-refundable and covers the cost of the testing performed. By making a payment or initiating participation in a program, you acknowledge and agree to this policy, including the non-refundable nature of the lab test fee if you do not move forward with the full program.

Brightmeds LLC and its affiliated professional entities make no representations, warranties, or guarantees regarding the continued availability of the Brightmeds offerings. The program may be discontinued at any time at the sole discretion of Brightmeds LLC and/or its affiliated professional entities. Members will be given a notice of any such discontinuation to allow them to seek alternative providers for prescription.

Based on the medication being filled, pharmacies ship new prescriptions within 3–8 business days. In general, most clients receive their medication within one week after the prescription is generated.

Given the specific nature of the medication, any fees that have been paid are non-refundable.

Our Products & Offerings are currently only available to individuals located in certain states. We currently make our Products & Offerings available in 47 states, except Alabama, Arkansas, and Mississippi.

In order to qualify to obtain the Products & Offerings, the following must be true:

• You are age 18 years or over or are accompanied by your parent/guardian.
• You are located in a State Where We Operate.
• You agree to be legally bound by and comply with these Terms and Conditions.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Products & Offerings through Brightmeds LLC. In addition to the above requirements, Brightmeds LLC and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites.

SPECIAL CONSENT TO TELEHEALTH CARE

I understand that Telehealth is a mode of delivering health care through communication technologies (e.g., internet or cellphone) to facilitate diagnosis, consultation, prescription, education, care management, and self-management of a patient’s health.

By acknowledging my consent below, I understand and agree to the following:

1. I understand that Vital and affiliate Openloop Healthcare Partners, PC offer Telehealth consultations, which are conducted through videoconferencing, telephonic, and asynchronous technology and my Telehealth provider will not be present in the room with me.
2. I understand there are potential risks to the use of Telehealth technology, including but not limited to, interruptions, delays, unauthorized access, and or other technical difficulties. I understand that either my Telehealth provider or I can discontinue the Telehealth appointment if the technical connections are not adequate for my visit.
3. I understand that I could seek an in-office visit rather than obtain care from a Telehealth provider, and I am choosing to participate in a Telehealth consultation with Vital, an affiliate of Openloop Healthcare Partners, PC, Openloop Healthcare Partners, PC, Openloop Healthcare Partners California, PC, Openloop Healthcare Partners Colorado, PC, Openloop Healthcare Partners New Jersey, PC, Openloop Healthcare Partners Wisconsin SC, Reliant.MD Medical Associates, PLLC, Reliant.MD Medical Associates California, PC, Reliant.MD Medical Associates Colorado, PC, Reliant.MD Medical Associates New Jersey, PC, Reliant.MD Medical Associates Wisconsin, SC.
4. To protect the confidentiality of my health information, I agree to undertake my Telehealth consultation in a private location, and I understand that my Telehealth provider will similarly be in a private location.
5. I understand that I am responsible for payment of any amounts due and owing resulting from my Telehealth visit.
6. In an emergent situation, I understand that the responsibility of my Telehealth provider may be to direct me to emergency medical care, such as an emergency room.

By acknowledging below, I certify:

• That I have read this form and/or had it explained to me
• That I understand the risks and benefits of a Telehealth appointment
• That I have been given the opportunity to ask questions and that such questions have been answered to my satisfaction.

To read the full eligibility and requirements for the weight loss money back guarantee, visit Weight loss guarantee page

Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from Brightmeds for their laboratory tests.