Last updated: July 27, 2023
By clicking "I agree," checking a related box, or otherwise accepting these terms and conditions, you acknowledge and agree to be bound by this agreement. If you do not agree to these terms and conditions, do not create an account or use the service. By accepting these terms and conditions, you also grant agency authority to any party who accepts on your behalf.
Please note that disputes arising from this agreement or the service will be resolved through binding arbitration unless you timely opt-out of arbitration in accordance with these terms and conditions. By agreeing to arbitration, you waive your rights to a jury trial and participation in class action lawsuits or class-wide arbitration, with some exceptions. Instructions on how to opt out of arbitration are provided below.
If you have a medical emergency, seek in-person emergency care or dial 911 immediately. The service may not be suitable for all medical conditions or concerns. This agreement is subject to change as outlined herein.
Macho Wellness Health, Inc. and/or its subsidiaries (collectively referred to as "Macho Wellness," "we," or "us") own and operate the websites www.machowellness.com and and may also own and/or operate a mobile application named "Macho Wellness" (collectively referred to as the "Platform"). Your access and use of the Platform, its content, any products or services provided by Macho Wellness, and any affiliated websites, software, or applications owned or operated by Macho Wellness (collectively, the "Service") are governed by these Terms and Conditions ("Agreement").
Please carefully read this Agreement as it contains important information about the Service. In this Agreement, "you" and "yours" refer to the person using the Service. In the case of a use of the Service by or on behalf of a minor, "you" and "yours" refer to and include the parent or legal guardian providing consent on behalf of the minor and the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please refer to the "Limited Use and Availability" section of this Agreement for more details about the use of the Service by minors and any applicable limitations. However, the Service is not intended for individuals under the age of thirteen (13), and they are prohibited from using any part of the Service or entering into this Agreement, even with parental or legal guardian consent. If you believe an individual under the age of eighteen (18) has used the Service without your consent, please contact us at support@machowellness.com.
Acceptance of Terms and Conditions
By accessing and using the Service, you agree to abide by this Agreement and comply with all applicable laws and regulations. If you do not fully accept and consent to be bound by this Agreement, you are strictly prohibited from visiting, accessing, registering with, and using the Service, except for the purpose of reviewing this Agreement. Please note that the Service is continually evolving, and we reserve the right to modify or remove any part of this Agreement or the Service at our sole discretion and without prior notice to you. Any changes made to this Agreement will be effective immediately upon being posted on the Platform. Additionally, any new Content added to the Service will also be subject to this Agreement upon its posting on the Platform. If you disagree with this Agreement or any of its terms and conditions, your sole recourse is to discontinue using the Service. By continuing to use the Service after any changes to this Agreement have been posted, you indicate your acceptance of the modified Agreement.
Your Relationship with Us
We offer certain products and services through our Service to individuals who register as users ("Users"). These products and services are provided by Macho Wellness or by third-party medical providers, pharmacies, or vendors through our platform. The Service provides access to prescription fulfillment services offered by various pharmacies, including Postmeds, Inc. dba TruePill, EHT Pharmacy LLC dba Curexa, Apostrophe Pharmacy LLC, and XeCare LLC (collectively referred to as "Pharmacies"). Additionally, from time to time, the Service may offer laboratory services from Rutgers Clinical Genomics Laboratory at RUCDR Infinite Biologics - Rutgers University (the "Labs"). By agreeing to this Agreement, you acknowledge and agree that your prescription(s) may be filled by and transferred between any of these Pharmacies on your behalf.
Furthermore, the Service may provide access to medical groups ("Medical Groups") that offer healthcare and/or mental health services through the Platform. These Medical Groups employ or contract with physicians, allied health professionals, and mental health professionals ("Providers") who provide certain services through the Platform. By using the Service and receiving services from the Labs, Pharmacies, Medical Groups, or Providers through the Platform, you also agree that these entities are considered third-party beneficiaries of this Agreement.
It's essential to note that Macho Wellness does not control or interfere with the practice of medicine or mental health care provided by the Medical Groups or Providers. Each Medical Group and Provider is solely responsible for the medical and/or mental health care and treatment they provide to you. By using the Service, you acknowledge that Macho Wellness is not a healthcare provider, and you are not establishing a doctor-patient or any other health care provider-patient relationship with Macho Wellness. However, you may establish a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers.
Regarding communications, the Medical Group and/or Providers may send you messages, reports, and emails through the Service concerning your diagnosis and/or treatment. You understand and agree that the security and privacy of communication services you use to receive such messages, reports, and emails are not the responsibility of Macho Wellness. It is your sole responsibility to monitor and respond to these messages, reports, and emails, and neither Macho Wellness nor the Medical Group nor any Provider will be held liable for any loss, injury, or claims resulting from your failure to read or respond to these messages or to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).
While you are not establishing a doctor-patient or other health care provider-patient relationship with Macho Wellness, by using the Service, you are creating a direct customer relationship with Macho Wellness for the use of the Service. This includes the purchase of any non-prescription products or non-medical services sold directly to you by Macho Wellness through the Service. In this relationship, you may provide personal information, including health information, to us, subject to use in accordance with our Privacy Policy. Please refer to the "Privacy Policy" section and the "Protected Information" section below for further details.
Notice Regarding Your Financial Responsibility for Services
Macho Wellness and the Medical Groups are not enrolled in, nor do they participate as providers with, any federal or state healthcare programs (such as Medicare or Medicaid) for the provision of health care or mental health services or supplies. As a result, neither you nor Macho Wellness or the Medical Groups may receive payment from these programs for the services or products provided through the Service.
Additionally, while some of the Labs, Pharmacies, or Providers may be enrolled in federal or state healthcare programs, the manner in which services and products are provided through the Service typically makes them ineligible for coverage under these programs. By opting to use the Service, you are explicitly choosing to obtain products and services on a cash basis, separate from any federal or state healthcare program. Consequently, you hold sole financial responsibility for all services or products provided to you by or through the Service.
By agreeing to use the Service, you acknowledge and affirm that:
1. You are deliberately choosing to acquire products and services on a cash basis, independently of any federal or state healthcare program, and you bear full financial responsibility for all such services or products provided to you through the Service.
2. Neither you nor Macho Wellness, the Labs, the Pharmacies, the Medical Groups, or the Providers will submit any claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Service.
Subscription Products and Services
Some products and services offered through the Service are available for purchase on a subscription basis, which automatically renews at regular intervals. During the checkout process, you will be informed of the specific payment schedule for the product or service. Your payment method will be automatically charged at these intervals until you decide to cancel your subscription. To ensure continuity of treatment, your first shipment may be charged and shipped earlier than expected. Subsequent shipments may also be charged and shipped up to two (2) days in advance to accommodate holidays or operational requirements.
We or the Providers may occasionally reach out to you via the Service to request updates to your information and facilitate ongoing subscriptions, but this outreach is not mandatory.
You have the option to cancel your subscription at any time by sending an email to support@machowellness.com with a cancellation request, calling (315)400-1524 to cancel, or canceling through your online account. The cancellation will take effect at the end of the current subscription period. If you wish to avoid automatic renewal, you must cancel at least two (2) days before the upcoming renewal processing date.
Please note that we do not offer refunds for partially used subscription periods, though we may provide refunds on a case-by-case basis at our sole discretion. Additionally, we may offer the ability to pause your subscription for a specified period, but if you do not cancel before the end of the pause period, automatic charging to your payment device will resume.
We reserve the right to change subscription plans and prices, but we will provide advance notice of any such changes or alterations to your subscription plans.
To simplify the user experience, you will only see and be required to pay a single "total" subscription price for certain products. However, if a subscription product you purchase includes a consultation with a Provider, a prescription drug filled through one of the Pharmacies, and/or mental health services, the total price includes charges for the use of the Service, as well as amounts charged by the Pharmacy for the prescription drug and the Medical Group for the services of the Provider, where applicable. These amounts are collected on behalf of and paid to the Pharmacies and Medical Groups, respectively.
Prescription Products
Certain products available on the Platform require a valid prescription from a licensed healthcare provider. To obtain a prescription product, you must undergo a consultation with one of the Providers. If the Provider determines that the prescription product is suitable for you, they will write a prescription, enabling you to access the product.
Upon receiving a prescription, you will be presented with options for filling it. Some prescriptions can be filled through one of the Pharmacies using the Platform. Alternatively, you may choose to fill the prescription at any pharmacy of your preference, as instructed during your use of the Service, or by making a request via email to support@machowellness.com. It's important to note that prescriptions may also be transferred among the Pharmacies without prior notice. However, not all prescriptions fulfilled by the Pharmacies come with child-resistant packaging, so your prescription product may not be dispensed in a child-resistant container.
Certain prescriptions may not be available through the Pharmacies and must be filled by a local pharmacy of your choosing, as prompted during your use of the Service. This includes prescriptions used for many common primary care conditions.
If you undergo a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped to you by the relevant Pharmacy, and the associated costs will be included in the total charged to you by the Service, as described in the "Subscription Products" section above. However, if you choose to fill the prescription with a pharmacy other than the Pharmacies, the Service will forward the prescription to your selected pharmacy. In this case, you will be responsible for picking up or otherwise obtaining the prescription product and directly paying the pharmacy for its cost.
Please be aware that prescription products available on the Platform are considered "Third-Party Goods and Services," as described in the corresponding section of this Agreement.
Laboratory Products and Services
Certain laboratory products and services accessible via the Platform, including at-home testing kits and services, necessitate a valid prescription or order from a licensed healthcare provider. You will only be eligible to acquire such laboratory services after completing a consultation with one of the Providers, who will assess the appropriateness of the laboratory product and/or service for you and subsequently prescribe or order it.
Presently, laboratory products and services offered through the Platform can exclusively be ordered and fulfilled through the Labs, and they are not available through local laboratories. If you receive laboratory products and/or services from a Lab through the Platform, the applicable testing materials will be shipped to you by the respective Lab, and the costs associated with the laboratory products and services will be included in the total amount charged to you by the Service.
Please note that laboratory products and services available through the Platform are classified as "Third-Party Goods and Services," as described in the Third-Party Goods and Services section of this Agreement.
Limited Use and Availability
Our Service is currently available only to individuals who are located in states where we offer the Service, and who are at least eighteen (18) years old or have reached the age of majority in their jurisdiction of residence, if higher than eighteen (18). However, individuals between the ages of 13 and 18, located in the states where we offer the Service, may use the Service solely for obtaining a medical consultation for acne treatment using topical skincare products (if available through the Service) with parental or legal guardian consent as per the requirements outlined in this Agreement and the Service.
By accessing, registering with, or using the Service, you confirm and warrant that:
(a) You are either (1) at least eighteen (18) years old or have reached the age of majority in your jurisdiction of residence, if higher than eighteen (18), or (2) between the ages of thirteen (13) and eighteen (18), have obtained parental or legal guardian consent to use the Service, and will use it solely for obtaining a medical consultation for acne treatment.
(b) If you are a parent or legal guardian providing consent for a minor under the age of eighteen (18) (or the applicable higher age of majority under state law), you represent and warrant that you are the parent or legal guardian of such minor and have the legal authority to provide consent for their use of the Service.
(c) When consulting with a Provider through the Service, you are physically located in the same state as the shipping address provided in your account during the consultation.
(d) You agree to comply with all relevant laws while using the Service and will use it solely for lawful purposes.
Our Service is subject to state regulations, and its availability may change from time to time due to shifts in applicable regulatory requirements.
Certain products offered through the Service may have additional age restrictions, and not all products or services are available to all age groups.
In some instances, the Service may not be the most appropriate method for providing information to or seeking medical and/or mental health care and treatment from a healthcare provider or mental health professional. For specific medical conditions or situations, an in-person procedure or a different healthcare provider may be required, as determined by your Provider. In such cases, you may receive a notification that the Service cannot address your particular issue, along with guidance on the next steps to take.
Consent to Use of Telehealth Services
Telehealth refers to the delivery of health and mental health care services through electronic communications, information technology, or other means, connecting a healthcare provider or mental health professional with a patient who is not physically present at the same location. While telehealth services may have certain advantages, it is essential to acknowledge the potential risks associated with their use. It is important to note that telehealth services cannot fully replace in-person care in all situations.
To access the Service, you will need to review and agree to an informed consent related to the use of telehealth (referred to as the "Patient Consent"). This consent will be provided to you through the Service. By using the Service, you explicitly acknowledge that Macho Wellness is considered a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
Duty to Provide Information, Access, and Connectivity
You are accountable for providing and maintaining, at your own risk, the necessary software and hardware capabilities (in accordance with any technical, quality, or other requirements specified in the Service) to enable the use of our Service. This includes having access to a computer or mobile device equipped with a video camera and an internet connection. Any expenses incurred, such as internet connection or mobile fees, while accessing the Service are your sole responsibility.
It is essential that you provide truthful, accurate, and complete information in any forms or communications submitted through the Service. We reserve the right to modify the access configuration, including software, hardware, or other requirements of the Service, at any time without prior notice.
Privacy Policy
At Macho Wellness, we recognize the significance of maintaining the confidentiality and privacy of your personal information. For details on how we collect, use, and disclose your personal information, please refer to our Privacy Policy.
Protected Health Information
When you create an account with Macho Wellness, you establish a direct customer relationship that allows you to access and utilize various functions of the Service. In this relationship, you provide certain information, such as your name, email address, shipping address, and phone number, which we collect, use, and disclose in accordance with our Privacy Policy. This information is not considered "health" or "medical" information.
However, while using certain components of the Service, you may also provide medical information that could be protected under applicable laws. Macho Wellness is not classified as a "covered entity" under HIPAA (Health Insurance Portability and Accountability Act of 1996). The Labs, Pharmacies, or Medical Groups may or may not be considered "covered entities" or "business associates" under HIPAA, and Macho Wellness may, in some cases, act as a "business associate" of a Lab, Pharmacy, or Medical Group.
It is crucial to understand that the presence of health information does not necessarily trigger HIPAA compliance for an entity or individual, and HIPAA may not apply to your interactions with Macho Wellness, the Medical Groups, the Providers, the Labs, or the Pharmacies. However, if Macho Wellness is deemed a "business associate," it may be subject to certain HIPAA provisions concerning "protected health information" (PHI) that you provide to the Labs, Pharmacies, or Medical Groups.
Any medical or health information you provide, subject to specific protections under applicable state laws, will be used and disclosed only in accordance with those laws. However, information that does not constitute "Protected Information" under relevant laws may be used or disclosed as permitted under our Privacy Policy. "Protected Information" does not include de-identified information under HIPAA.
The Medical Groups and Providers have a Notice of Privacy Practices that outlines how they use and disclose Protected Information. By using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).
When using the Service, you agree that even if HIPAA applies to Macho Wellness, the Medical Groups, the Providers, the Labs, or the Pharmacies, any information you submit to Macho Wellness not intended solely for diagnosis and treatment by the Medical Group and Providers, or prescription fulfillment by the Pharmacies, or laboratory services by the Labs, is not considered Protected Information. Such information will be subject to our Privacy Policy and any relevant state laws governing the privacy and security of this information.
Registration; User Accounts, Passwords, and Security
You are required to register and create an account on the Platform to access the Service, which is only available to registered Users with assigned usernames and passwords. The information provided to Macho Wellness during registration, such as name, username, email address, shipping address, and phone number, is not considered Protected Information as mentioned in the Protected Health Information section above.
You agree to maintain accurate and up-to-date information about yourself that you have shared with Macho Wellness, the Medical Group or its Providers, the Labs, or the Pharmacies. Failure to keep this information current, provide truthful, accurate, and complete details, or any reasonable suspicion of such actions may result in the suspension or termination of your account and use of the Service. You must immediately inform Macho Wellness of any unauthorized use of your username, password, or any breach of security related to the Service by emailing support@machowellness.com. Additionally, you are responsible for keeping your username and password confidential and must log out of your User account at the end of each session. Macho Wellness disclaims liability for any losses and damages arising from your failure to comply with this section. Using anyone else's account is strictly prohibited.
During the account setup, you will be asked to provide a username and password for login purposes. To safeguard the privacy of transmitted data through the Service, particularly personally identifiable information, we use technology designed to encrypt the information before transmission using Secure Sockets Layer (SSL) technology or similar encryption methods. We take measures to protect User data against unauthorized access. However, you should be aware that the Service and our services operate on software, hardware, and networks, which may occasionally require maintenance or experience issues or security breaches beyond our control. Furthermore, individuals with access to your computer, phone, or other devices may access the Service and view information about you, including medical information stored in the Service. It is your responsibility to log out of your account when not in use and secure your computer, phone, and other devices from unauthorized access, ensuring the confidentiality of your username and password.
Exercise caution, good sense, and sound judgment while using the Service. Attempting to violate the security of the Service is strictly prohibited and may result in criminal and/or civil penalties against you. Macho Wellness may investigate any suspected violations, and if criminal activity is suspected, may cooperate with law enforcement agencies in their investigations.
Use and Ownership of the Service
The Service and the information and Content provided through it are protected by copyright laws worldwide. Under this Agreement, Macho Wellness grants you a limited, non-transferable, and revocable license to access and use the Service for your personal use. Unless stated otherwise in a separate license by Macho Wellness, your right to use the Service or its Content is subject to this Agreement, and all rights in the Service and Content are reserved by Macho Wellness.
You acknowledge that Macho Wellness and its suppliers hold all rights, title, and interest in the Service, which includes but is not limited to computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the Service.
The stylized name of Macho Wellness and related graphics, logos, service marks, and trade names used in or connected with the Service are trademarks owned by Macho Wellness and cannot be used without permission, including for any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Service
Any information you transmit to Macho Wellness via the Service, whether through direct entry, submission, email, or other means (referred to as "Submissions"), will be treated as non-confidential and non-proprietary to the extent permitted by applicable law, subject to any limitations on Protected Information described below.
Subject to any applicable account settings that you choose, you grant Macho Wellness a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your Submissions (in whole or in part) for the purpose of operating and providing the Service to you and other users.
You warrant that you have the necessary rights to grant this license and that any worldwide intellectual property rights, including moral rights, in your Submissions have been waived, allowing you to provide the license mentioned above. You acknowledge that you are responsible for all Submissions you provide to the Service, and Macho Wellness shall have the right, at its sole discretion, to edit, duplicate, or alter the Submissions for any necessary or desirable purpose, and you irrevocably waive any so-called moral rights you may have in the Submission. You also agree that you have no right of approval and no claim to compensation regarding the Submission.
However, if your Submission contains Protected Information, Macho Wellness' rights to use or disclose such information will be limited as required under applicable law.
Prohibited Use
You are strictly prohibited from using or attempting to use the Service for any unlawful, unauthorized, fraudulent, or malicious purposes. Furthermore, you must not engage in any activities that could damage, disable, overburden, or impair any server or network connected to the Service. Your usage of the Service must not interfere with the enjoyment and use of the Service by other users.
You are also not allowed to gain unauthorized access to any other accounts, computer systems, or networks through hacking, password mining, or any other means. Additionally, you must not access systems, data, or information that is not intended to be made accessible to you by Macho Wellness. Any attempts to obtain materials or information not intentionally made available by Macho Wellness are strictly prohibited. Furthermore, you must not attempt to reverse engineer, disassemble, or decompile any section or technology on the Service.
Your use of the Service must be in line with its intended business purpose, and you must not misuse it for any other purposes. In connection with your use of the Service, you agree that you will not engage in the following activities:
a) Uploading or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or inappropriate content, including content that may target a person's intrinsic characteristics such as race, gender, sexuality, or ethnicity.
b) Creating false identities or duplicative accounts to mislead others or impersonating any person or entity.
c) Uploading or transmitting material that you do not have the right to reproduce, display, or transmit under any law or contractual relationships.
d) Uploading files that contain viruses, trojan horses, worms, or any other harmful software that may damage the operation of another's computer or property.
e) Deleting any author attributions, legal notices, or proprietary designations from uploaded communication features.
f) Using the Service's communication features in a manner that adversely affects its availability to other users, such as excessive shouting or continuous posting of repetitive text.
g) Engaging in unsolicited advertising, promotional materials, spam, chain letters, pyramid schemes, phishing, or any other form of solicitation.
h) Violating any applicable local, state, national, or international laws.
i) Infringing upon any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party.
j) Deleting or revising any material posted by other users.
k) Manipulating or displaying the Service using framing, mirroring, or similar navigational technology.
l) Probing, scanning, testing the vulnerability of, or breaching the authentication measures of the Service or any related networks or systems.
m) Registering, subscribing, or attempting to register or subscribe any party for any services or contests without proper authorization.
n) Harvesting or collecting information about others, including email addresses.
o) Using any automated or manual means to access the Service, or copy, download, distribute, or reproduce any content or information on the Service.
p) Assisting or permitting any person in engaging in any of the aforementioned prohibited activities.
Macho Wellness reserves the right to take appropriate legal actions in response to any actual or suspected violations of these terms, which may include suspending or terminating a user's access and/or account. The company may also cooperate with legal authorities and third parties in investigating suspected or alleged crimes or civil wrongs.
In certain circumstances, as described in the Privacy Policy or when required by applicable law, Macho Wellness may disclose information necessary to comply with legal obligations, regulations, legal processes, governmental requests, or to edit, refuse to post, or remove any information or materials at its sole discretion.
Right to Monitor
Macho Wellness retains the right to monitor the general use of the Service at its discretion and to remove any materials that it considers illegal, may expose Macho Wellness to liability, violate this Agreement, or are inconsistent with the intended purpose of the Service, all at the sole discretion of Macho Wellness.
Third-Party Goods and Services
Macho Wellness provides access to services and products offered by third-party entities, including Labs, Pharmacies, Medical Groups, and Providers (collectively referred to as "Third Parties"). Additionally, certain services, devices, items, or products manufactured, distributed, or sold by Third Parties ("Third-Party Goods and Services") may be made available for purchase through the Service.
Please be aware that your interactions with Third Parties, including the purchase and use of Third-Party Goods and Services, are solely between you and the respective Third Parties. Before engaging in any online or offline transaction involving Third Parties or Third-Party Goods and Services, it is essential to conduct your own investigation and exercise caution, discretion, common sense, and judgment.
You acknowledge and agree that Macho Wellness shall not be held responsible or liable for any loss or damage resulting from your use of the Service, including interactions with Third Parties or the use of Third-Party Goods and Services. In the event of any dispute between you and a Third Party or any other entity or individual, Macho Wellness will not be obliged to intervene in the dispute. You hereby release and indemnify Macho Wellness and its affiliated entities, as well as their respective shareholders, directors, officers, employees, agents, and contractors (collectively referred to as "Macho Wellness Parties"), from any and all claims and damages, whether known or unknown, arising from or related to such disputes or your use of the Service.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Please note that certain individuals associated with Macho Wellness, such as shareholders, directors, officers, employees, contractors, or agents ("Macho Wellness Owners and Personnel"), may have a financial interest in one or more Third Parties and may benefit from your use of Third Parties and the purchase of Third-Party Goods and Services.
Terms of Sale
Macho Wellness provides various products for sale through the Service, but please note that product availability is subject to change, and we reserve the right to limit quantities or reject any part of an order without prior notice. In the event of an error, we may correct the error and adjust your order accordingly or cancel the order and refund any amount charged. Prices for products may change at any time.
You are responsible for any applicable taxes, duties, customs, or other governmental fees related to your purchase of products or services through our Service. We will collect applicable taxes if required by law, and the estimated taxes will be presented at checkout. The actual taxes charged may be adjusted from the amount shown at checkout due to factors such as tax rate changes or processor program variances. If we do not collect taxes, you may have an obligation to directly report and pay them.
Only valid payment methods acceptable to us may be used to complete a purchase. By providing payment information, you authorize us to charge your designated payment method for the total amount of your order, including taxes and shipping charges. If your payment method is declined, we will attempt to process the charge until it is approved. We may receive updated payment card information from your issuer and may use such information to process future payments.
If any product in your order is unavailable, we will only charge for the items included in the shipment. You may be required to provide relevant transaction information during the purchase process, and by submitting such information, you grant Macho Wellness the right to provide it to third parties (e.g., payment processors) to facilitate the transaction.
Payment transactions occur through an online payment processing application provided by Stripe. Macho Wellness' relationship with Stripe is contractual, and Stripe operates independently without direction or control from Macho Wellness.
You are responsible for paying shipping and handling charges shown at the time of purchase, and we reserve the right to change these charges with notice. Delivery dates and times provided during checkout are estimates and not guaranteed. Risk of loss or damage to products passes to you upon delivery to our designated carrier.
We aim to address User issues and concerns on a case-by-case basis and will resolve them at our discretion based on the specific circumstances.
Termination
Macho Wellness retains the right to terminate your access to the Service, including any features or services, at any time and without prior notice for any reason, such as violations of this Agreement, termination of agreements with Medical Groups, Labs, or Pharmacies, or discontinuation of the Service. Certain provisions of this Agreement, such as those concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration, resolution of disputes, indemnity, and jurisdictional issues, will continue to apply even after such termination or the termination of your relationship with Macho Wellness.
If your use of the Service is terminated according to this Agreement, you agree not to attempt to use the Service under any name, real or assumed. Additionally, you acknowledge that any violation of this restriction after termination will result in your indemnification of all Macho Wellness Parties against any liability incurred as a result.
After termination, except as provided in the Privacy Policy or required by applicable law (including obligations to provide access to health records), we have no obligation to return or provide any Content, information you submitted to us, information provided by your Providers, or any other information related to you to you or any third party on your behalf.
Disclaimers
Content and other information provided on the Service is offered by Macho Wellness for convenience. Users who rely on this Content or information do so at their own risk.
The Service is provided on an "as is" or "as available" basis. Accessing or using the Service is entirely voluntary and at the sole risk of the user. Macho Wellness, as well as any third party offering products or services through the Service (including Medical Groups, Providers, Labs, and Pharmacies), disclaim all warranties and conditions to the fullest extent permitted by law. This includes, but is not limited to, implied warranties of merchantability, non-infringement of third parties' rights, satisfactory quality, and fitness for a particular purpose regarding the Service and any information, Content, products, services, or materials provided on or through the Service.
Macho Wellness does not warrant or guarantee the accuracy, completeness, reliability, timeliness, or usefulness of the Service. Furthermore, Macho Wellness does not warrant that the Service will function without delays, disruptions, interferences, imperfections, corruption, cyber attacks, viruses, malware, or any adverse incidents.
Limitation of Liability:
To the fullest extent permitted by applicable law, Macho Wellness shall not be liable to you or any other person or entity for any incidental, indirect, special, exemplary, or consequential damages, personal or bodily injury, emotional distress, wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use the Service. This includes any information and Content made available through the Service or any services performed or products offered by third parties. Whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Macho Wellness has been advised of the possibility of such damages. Macho Wellness' liability shall be limited only to the extent of actual damages incurred by you, not exceeding U.S. $1,000.
Any claims arising from your use of the Service or Content must be brought within one (1) year from the date of the event that gave rise to such action.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. If applicable law does not permit us to disclaim any implied warranty or limit our liabilities, our liability will be the minimum extent permitted under the applicable law.
Indemnification
By using the Service, you agree to protect, indemnify, and hold harmless the Macho Wellness Parties and any Third Parties providing products or services through the Service, which includes the Medical Groups, Providers, Labs, and Pharmacies, from any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation expenses) arising from your use of the Service, any fraudulent activities, violations of the law, willful misconduct, breaches of this Agreement, or violations of the rights of any other individual or entity.
We retain the right to manage the defense of any claim made by a third party, for which we are entitled to indemnification, and you agree to provide us with the necessary cooperation reasonably requested by us.
Notices
Macho Wellness may communicate any notices to you regarding the Service or this Agreement through email, a posted notice on the Service, or regular mail, at the sole discretion of Macho Wellness.
Electronic Communications
By accessing or using the Service or sending emails or SMS messages to us, any Medical Group, or its Providers, you are engaging in electronic communication with us, the Medical Group, and its Providers. You hereby consent to receive communications from us, the Medical Group, and its Providers electronically. We will communicate with you via email, SMS messaging, or through the Service. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically fulfill any legal requirement that such communications be in writing. Additionally, you understand and agree that any notices provided by us electronically are considered to be given and received on the date we transmit any such electronic communication as described in this Agreement.
Copyright
Macho Wellness follows a policy of terminating the use of the Service by any User who repeatedly infringes on copyright, upon receiving prompt notification from the copyright owner or their legal agent. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service where the material you claim is infringing can be found; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You can contact Macho Wellness' Copyright Agent for notice of claims of copyright infringement at support@machowellness.com.
Entire Agreement
This Agreement, along with any other agreements Macho Wellness may post on the Service or that you and Macho Wellness may execute from time to time, constitutes the entire agreement between Macho Wellness and you in connection with your use of the Service. It supersedes any prior agreements between Macho Wellness and you regarding the use of the Service, including prior versions of this Agreement.
Binding Arbitration / Class Waiver
You and we mutually agree that any legal claim, dispute, or controversy between you and us, or any of the Macho Wellness Parties, including Medical Groups, Providers, Labs, or Pharmacies, arising out of or related in any way to the Macho Wellness Parties, the Platform, the Content, the Service, or any other goods, services, or advertising by Macho Wellness or any of the Macho Wellness Parties, Labs, Pharmacies, Medical Groups, or Providers (collectively referred to as "Disputes"), that is not resolved through an informal dispute resolution conference as defined below, shall be resolved through confidential binding arbitration. The arbitration will be conducted by one commercial arbitrator from the American Arbitration Association (AAA) instead of in a court. The arbitration will be governed by the AAA's Consumer Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes ("Rules and Procedures"). By agreeing to this arbitration provision, you are voluntarily waiving your right to a trial by jury and to proceed in a lawsuit in state or federal court, except as expressly provided in this Agreement. The arbitration agreement also covers Disputes that may have occurred before the existence of this or any prior versions of the terms and conditions, as well as claims that may arise after the termination of these terms and conditions.
Before initiating arbitration, we commit to making good faith informal efforts to resolve Disputes in a prompt, low-cost, and mutually beneficial manner through an Informal Dispute Resolution Conference. If we are unable to resolve the Dispute through this conference within thirty (30) days, either party may commence arbitration.
If you intend to initiate an Informal Dispute Resolution Conference, you must provide us with a Notice that includes specific details about the Dispute. The conference will be individualized, and a separate conference must be held each time either party initiates a Dispute, unless all parties agree otherwise.
In the event that an Informal Dispute Resolution Conference does not resolve the Dispute within the designated time, either party may commence arbitration. Arbitration is a more informal process than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. The arbitrator's award is final and binding, and court review of an arbitration award is limited.
Each party will be responsible for paying its own attorneys' fees and expenses unless otherwise required by applicable law. The arbitration will take place in Delaware, or within 100 miles of your residence if Delaware is not within that distance, unless the parties agree otherwise in writing.
By agreeing to this arbitration provision, you are waiving your constitutional and statutory rights to sue in court and have a trial in front of a judge or jury. Disputes subject to arbitration under this Agreement must be arbitrated on an individual basis and not on a class, collective, or representative basis. The arbitrator may award relief only in favor of the individual party seeking relief and to the extent necessary to provide relief necessitated by that party's individual claim(s). However, Disputes related to a violation of intellectual property rights or allegations of theft, piracy, unauthorized use, or a violation of the Computer Fraud and Abuse Act may be brought in state or federal court in Delaware.
To expedite administration and resolution of arbitrations, if there are one hundred or more individual arbitrations of a substantially similar nature filed against us within a thirty-day period, the AAA will administer the arbitration demands in batches of one hundred arbitrations per batch.
You have the option to opt out of the provisions of this Arbitration Agreement within thirty (30) days of first agreeing to this Agreement. You can do so by sending your opt-out request to the specified address. Opting out of this Arbitration Agreement does not affect any other arbitration agreements you may have with us or other Macho Wellness Parties.
Before commencing arbitration, you must provide us with a written Notice of Dispute that includes detailed information about the Dispute and the relief sought. The same applies if we commence arbitration against you.
In the event that any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, the remaining parts shall continue in full force and effect.
Governing Law; Venue; Severability of Provisions
Macho Wellness operates and controls this Service from its offices within Delaware. If you choose to access the Service from other locations, you do so voluntarily and are responsible for complying with local laws, if applicable. Access to the Service from jurisdictions where its contents are illegal or prohibited is not allowed.
The validity, interpretation, construction, and performance of this Agreement will be governed by the laws of the State of Delaware, without regard to any conflicts of law provisions.
All provisions of this Agreement will be applied to the maximum extent permitted by law. If we fail to enforce any part of this Agreement, it does not constitute a waiver of that right. In the event that any part of this Agreement cannot be enforced as written, that part will be replaced with terms that closely match the original intent of the unenforceable part to the extent permitted by law. The invalidity of a portion of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not carry any legal significance.
No Agency Relationship
This Agreement, along with any Content, materials, or features provided by the Service, does not establish a partnership, joint venture, employment, or any form of agency relationship between you and Macho Wellness, the Medical Groups, the Providers, the Labs, or the Pharmacies. It is not permitted for you to act on our behalf or bind us in any manner by entering into contracts or agreements.
Assignment
You are not allowed to assign any of your rights under this Agreement, and any attempt to do so will be considered invalid. However, Macho Wellness reserves the right, at its sole discretion, to assign or transfer this Agreement, along with any or all of its contractual rights and obligations under this Agreement, to any of its affiliates or to a third party, without requiring further consent or notification. This may occur if some or all of Macho Wellness' business is transferred to such other third party through a merger, sale of assets, or any other means.
Third Party Beneficiaries
Any use of third-party software provided in connection with the Service, or any access or use of Third-Party Goods and Services in connection with the Service, will be governed by the applicable third-party's license or terms of use, if any. In the absence of such a license or terms of use, the usage will be subject to the terms of this Agreement. Furthermore, in addition to complying with this Agreement, your use of the Service must also adhere to all relevant terms of agreement from third parties, if applicable.
With the exception of the provisions mentioned above or as explicitly stated elsewhere in this Agreement, including the indemnification obligations in favor of Macho Wellness, the Medical Groups, the Pharmacies, the Labs, and the Providers, and the agreement to arbitration, both parties hereby confirm that there is no intention to grant third-party beneficiary status rights or any similar rights to any other individuals, subcontractors, or third parties referred to in this Agreement. Except for the provisions specifically outlined in this Agreement, no third party shall have the right to enforce any rights or receive any benefits established under this Agreement.
Contacting Us
Should you have any inquiries or doubts regarding this Agreement, please don't hesitate to reach out to us via email at support@machowellness.com. We will make every effort to provide a prompt response to your questions or concerns upon receiving them.