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Terms and Conditions

Welcome to FREYA MEDS INC

Terms of service Terms and Conditions of Use.

Date of Last Revision: August 30, 2024.

AMONG OTHER ACTIVITIES, FREYA MEDS’ SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A LICENSED HEALTH CARE PROVIDER. THEY DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN NOR CREATE A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND FREYA MEDS OR ANY OF ITS EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES.

THESE SERVICES MAY NOT BE SUITABLE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, IMMEDIATELY CALL YOUR DOCTOR OR 911. DO NOT USE THESE SERVICES FOR EMERGENCY OR CRISIS CARE.

THIS AGREEMENT INCLUDES PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE DISPUTES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH A LAWSUIT OR COURT PROCEEDINGS. THIS MEANS THAT (I) YOU ARE WAIVING YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BY A JURY OR A JUDGE (EXCEPT AS EXPLICITLY STATED IN SECTION 16), AND (II) YOU ARE WAIVING YOUR RIGHT TO PURSUE ANY DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Introduction FREYA MEDS International Inc. and its affiliates (collectively, “FREYA MEDS,” “we,” “us,” or “our”) own and operate the website located at www.freyameds.com (the “Website”). We refer to the Website and other services provided by FREYA MEDS collectively as the “Services.” In these Terms of Use, the terms “you” and “yours” refer to the person using the Services.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities regarding the Services. Your access to and use of the Services is subject to these Terms of Use, our Privacy Policy, and all applicable laws and regulations. In using certain parts of the Services, you may encounter additional or supplemental terms related to the use of those specific Services, which you agree to review and accept.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION YOU NEED TO KNOW ABOUT THE SERVICES.

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE 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 SHOULD NOT USE THE SERVICES.

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

These Terms of Use Include the Following Sections:

  • Services Overview, Availability, and Eligibility
  • Telehealth, Pharmacy, and At-Home Testing Services
  • Registration and Account Creation
  • Privacy
  • Ownership and License to Use the Services
  • User Content and FREYA MEDS’ License to Use Such Content
  • Copyright Notices
  • Restrictions on Use
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Third-Party Links and Features on the Services
  • Changes to the Terms of Use and the Services
  • Payments
  • Termination
  • Governing Law; Dispute Resolution; Arbitration; Venue; Severability
  • Communications by Text Message and Email
  • Miscellaneous Terms
  • Contact Us
  • Additional Terms for Specific Products and Services

Availability: Certain of our Services are currently only available to individuals located in specific states. We are not authorized to provide services in Alabama (AL), Mississippi (MS), West Virginia (WV). If you reside in one of these states, our Services are unavailable to you, and you will not be authorized to perform checkout for Services.

  1. Services Overview, Availability, and Eligibility Overview of the Services: The Services may include (i) providing individuals with information on health care and wellness; (ii) providing access to partner pharmacy services; (iii) providing technology-oriented tools for addressing certain health issues; (iv) development and gathering of health care records and health care information with retention of the same for use in healthcare provider appointments, communications, and pharmacy services, all provided by third-party unaffiliated providers; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a direct means of access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.

Availability: Certain Services are only available to individuals in certain states. You will receive notice of the availability of specific Services in your location when using those parts of the Services.

FREYA MEDS is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws, including export laws as applicable.

Eligibility: Our Services are intended for use by you only if you are 18 years of age or older. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:

  • You are at least 18 years old, or if you are accessing the Services in violation of the Eligibility requirement related to age, you have the express consent of your parent or legal guardian. Note, however, that some Services may only be available to individuals over the age of 21, and in such circumstances, you will be notified of this requirement.
  • You are located in a state where we operate (depending on the type of Services).
  • You agree to be legally bound by and comply with these Terms of Use.
  • You are located within a state where we lawfully operate, and are not a resident of Alabama (AL), Mississippi (MS), West Virginia (WV).
  • You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, FREYA MEDS 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.

To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.

  1. Telehealth, Pharmacy, and At-Home Testing Services Telehealth Services: Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
  • Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
  • Interactions between a patient and health care provider via audio, video, and/or data communications; and
  • Use of output data from medical devices, sound, and video files. The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access. By accepting the Terms of Use, you agree and consent to FREYA MEDS, the affiliated physician practices, the health care providers contracted or employed by the affiliated physician practices, and any other health care organization(s) or provider(s) with whom we partner to provide the Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any affiliated physician practice, any health care provider contracted or employed by an affiliated physician practice, or any health care organization(s) or provider(s) with whom we partner to offer the Services to you liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.

Consent to Telehealth: We provide websites and applications through which you can obtain an online visit with an independent, licensed health care professional (a “Provider“) and mail order pharmacy services for any medications prescribed to you (collectively, the “Services“). The Services constitute a form of telehealth, which involves the delivery of health care services using electronic communications between a health care provider and a patient who are not in the same physical location. We believe that telehealth has the potential to provide a number of benefits, including convenient, discreet, and affordable care. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education. Telehealth may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information or other data between a patient and a Provider;
  • Interactions between a patient and a Provider via audio, video and/or asynchronous data communications, such as secure messaging and email; and
  • Use of data from remote monitoring devices, medical devices, and sound or video files. The websites, applications, and information systems used in the Services incorporate network and software security protocols to protect the privacy, security, and integrity of your health information.

Possible Benefits of Telemedicine: Telehealth can make accessing medical care easier, more efficient, and less expensive.

  • You can obtain medical care and treatment at times that are convenient for you.

  • You can interact with providers without the necessity of an in-office appointment. Possible Limitations of Telehealth: Information transmitted to your Provider may not be sufficient to allow for appropriate medical decision making or your Provider may not be able to provide medical treatment for your condition via telehealth, and you may be required to seek alternative care.

  • The inability of your Provider to conduct certain tests or assess vital signs in person may in some cases prevent the Provider from diagnosing or treating you or identifying that you need urgent medical care.

  • Your medical care could be delayed due to technological failures that interrupt the Services.

  • Data security protocols or safeguards could fail and cause a breach of your identified health information.

  • Due to the nature of the Services and regulatory requirements in certain jurisdictions, your treatment options, especially pertaining to certain prescriptions, may be limited. By accepting these Terms of Service including this Consent to Telehealth, you acknowledge your understanding and agreement to the following:

  • I have read this Consent to Telehealth carefully, and understand the risks and benefits of the use of telehealth in my medical care and treatment.

  • I give my informed consent to receive medical care and treatment by telehealth from Providers affiliated with FREYA MEDS.

  • I understand that the delivery of health care services via telehealth is an evolving field and that the use of telehealth in my medical care and treatment may include uses of technology not specifically described in this consent.

  • I understand that while the use of telehealth may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.

  • I understand that I have a duty to answer questions about my health and medical history honestly and accurately, and to keep all of my health care providers, including my Provider, up-to-date on any changes in my health, symptoms, treatments, or medications.

  • I understand that withholding or providing inaccurate information about my health and medical history in order to obtain treatment may result in harm to me, including, in some cases, death.

  • I understand that my Provider may determine in his or her sole discretion that my condition is not suitable for treatment using telehealth, and that I may need to seek medical care and treatment in-person or from an alternative source.

  • I understand that the Services enable coordination and communication with a Provider and do not replace my relationship with any existing health care provider.

  • I understand that I cannot obtain emergency care through the Services, and I should call 9-1-1 and seek immediate medical treatment if I am experiencing a medical emergency.

  • I understand that my information, including my identified health information, will be collected, used, shared, and protected as described in the Privacy Policy.

  • I understand that I have access to all of my health and wellness information pertaining to my telehealth consultation with my Provider in accordance with applicable laws and regulations.

  • I understand that FREYA MEDS and my Provider will share my telehealth record with my other health care providers only with my consent and at my request. I understand that I can have my telehealth record sent to my other health care providers by emailing FREYA MEDS at doctor@freyameds.com and providing my consent along with my health care provider’s name, address, and phone number.

  • I understand that a technical failure affecting the Services may result in the loss of my information and/or interrupt my online visit. In addition to any disclaimers that I agreed to by accepting this Terms of Service, I agree to hold FREYA MEDS harmless for any loss of information or delay in care resulting from a technical failure.

  • I understand that I can withhold or withdraw this consent at any time by emailing FREYA MEDS at doctor@freyameds.com with such instruction. Otherwise, this consent will be considered renewed upon each new telehealth consultation with a Provider.

  • I agree and authorize FREYA MEDS and my Providers to collect, use, and share my information, including my identified health information and other information regarding the telehealth exam, as described in FREYA MEDS’ Privacy Policy and for any other purposes permitted by law, including for treatment, payment, and health care operations purposes. All capitalized terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms of Use. For avoidance of any doubt, the terms “FREYA MEDS“, “we“, “us“, or “our“ refer to FREYA MEDS International Inc and the terms “you“ and “yours“ refer to the person using the Services.

Your Relationship with FREYA MEDS. FREYA MEDS does not provide any medical services, including via the Services. Rather, FREYA MEDS provides a technology platform for you to access a health care provider who is employed or contracted with a partner physician practice and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are for informational purposes only, and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and consulting with an affiliated physician practice or its health care providers through the Services, you are not entering into a physician-patient relationship with FREYA MEDS.

Except for specific communications received from an affiliated physician practice or its health care providers, none of the information you receive through the Services should be considered medical advice.

No Insurance Accepted; Notice of Your Financial Responsibility. FREYA MEDS and the affiliated physician practices do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, FREYA MEDS, the affiliated physician practices, or any of the health care organization(s) or provider(s) with whom we partner to provide health care and pharmacy services to you will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. Please also see Section 14 below for additional terms applicable to your payment obligations.

Pharmacy Services. If you receive a prescription as a result of your use of the Services, you may select one of our partner pharmacies (the “FREYA MEDS Pharmacy Network”) to ship your prescription. You may also choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Services. You give us consent to send and disclose to the FREYA MEDS Pharmacy Network or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.

If you select to use the FREYA MEDS Pharmacy Network to fulfill any prescriptions, you acknowledge that your medication will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

At-home Testing Services. Any at-home sample collection kits and laboratory services available through the Services may require a valid order by a licensed healthcare provider. We or our subsidiaries have partnered with health care providers who are licensed in your state to review your request for at-home testing (the “Reviewing Provider”). You understand and agree that at-home testing services are intended for informational, educational, and wellness purposes only. They are not intended to be diagnostic. You further understand and agree that you do not establish a provider-patient relationship with the Reviewing Provider as a result of your use of the Services.

We will send or cause to be sent the requested test kit to your address after any required health care provider review and approval. You must follow the instructions that accompany the kit to register your kit, collect the applicable biological sample(s), complete any required documentation, and return such biological samples and documentation to the applicable laboratory that performs the testing (the “Lab”). Failure to follow the instructions may result in your samples not being processed by the Lab.

The Lab sends the results of the tests to the Reviewing Provider who releases the test results to us. We provide the test results to you via the Services. You understand and agree that it is your responsibility to bring your results to your primary health care provider for interpretation and to inform decisions made about your health and treatment.

  1. Registration And Account Creation Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to FREYA MEDS. If you do not maintain such information, or FREYA MEDS has reasonable grounds to suspect as much, FREYA MEDS has the right to suspend or terminate your account and your use of the Services. You agree to keep confidential your username and password and to exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You also agree to immediately notify FREYA MEDS of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing FREYA MEDS at doctor@freyameds.com. FREYA MEDS may take any and all actions it deems necessary or reasonable to maintain the security of the Services.

You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. FREYA MEDS explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

  1. Privacy FREYA MEDS recognizes the importance of confidentiality and privacy regarding your health information. Please refer to our Privacy Policy available at freyameds.com/privacy-policy for details on how we collect and use your information. The Privacy Policy is incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

  2. Ownership and License to Use the Services Ownership: Between FREYA MEDS and you, FREYA MEDS retains sole and exclusive ownership of all rights, titles, and interests in and to the Services and their content, features, and functionality. This includes, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel (“Services Content”). You are prohibited from reproducing, publishing, distributing, modifying, reverse engineering, disassembling, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, transmitting, selling, or exploiting any of the Services or Services Content in any way, except as explicitly permitted by these Terms of Use or expressly authorized in writing by FREYA MEDS. Any copies, modifications, revisions, enhancements, adaptations, translations, or derivative works of the Services or Services Content shall be owned solely by FREYA MEDS or its licensors, including all intellectual property rights therein. You are not authorized to use the Services or Services Content for any commercial purposes.

Trademarks: Certain names, logos, and other materials displayed in and through the Services may be trademarks, trade names, service marks, or logos (“Marks”) of FREYA MEDS or its affiliates. You are not authorized to use any such Marks without the express written permission of FREYA MEDS. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

Your License: Subject to your compliance with these Terms of Use, FREYA MEDS grants you a personal, limited, revocable, non-exclusive, nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use, strictly as permitted under these Terms of Use and the Privacy Policy. No other rights, titles, or interests in or to the Services or Services Content are transferred to you, and all rights not expressly granted are reserved by FREYA MEDS or its licensors.

  1. User Content and FREYA MEDS’s License to Use Such Content Except as detailed in our Privacy Policy; or as governed by applicable federal and state-specific privacy laws and regulations; you acknowledge that any information you provide through the Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, or suggestions/feedback, will be treated as non-confidential and non-proprietary (“User Content”).

Usage Rights: Except as stated in our Privacy Policy or as required by law, User Content may be used by FREYA MEDS for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. FREYA MEDS is free to use such User Content for any purpose whatsoever, including, but not limited to, developing and marketing products using such information, without compensation to you. By submitting User Content, you grant FREYA MEDS, our service providers, successors, assigns, affiliated health care providers, and their affiliated physician practices, a fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any such data or information for the purposes of providing Services to you, marketing Services to you, conducting research, and developing new, current, or future features, products, and services using such data.

Public Forums: You understand that any User Content you publish in public forums may be viewable and used by other users and potentially the public at large.

Liability: FREYA MEDS does not assume responsibility or liability for User Content found in any public forum, nor for any claims, damages, or losses resulting from any use of any public forum or the User Content contained therein.

Disclosure: You acknowledge, consent, and agree that we may access, monitor, preserve, and disclose your information and/or User Content if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use, including investigation of potential violations; (3) respond to claims that any content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of FREYA MEDS, its users, or the public.

  1. Copyright Notices FREYA MEDS reserves the right to remove any content or material on our Services at any time, for any reason, in accordance with the Digital Millennium Copyright Act (“DMCA”). This section outlines the process for filing a notification of alleged copyright infringement with FREYA MEDS.

Notification of Claimed Copyright Infringement: To object to copyrighted content on our Services, you can contact our Designated Agent at the specified address:

Your notification must include:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and its location on our Services;
  • Contact information for the complainant, such as address, telephone number, and email address;
  • A statement that the complainant has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Restrictions on Use You agree that in using or accessing the Services, you will not, and will not attempt to:
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Violate any local, state, national, or international law, including export laws.
  • Reverse engineer, disassemble, decompile, or translate any software or other components of the Services.
  • Distribute, upload, transmit, or propagate any virus, malware, Trojan horse, or other harmful code that could affect computers, devices, or any part of the Services.
  • Access or use the Services in any way that infringes, misappropriates, or violates any intellectual property right or other rights of any party.
  • Use any robot, spider, scraper, or other automated means to access the Services without our express written permission.
  • License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services or any content therein, other than as expressly permitted by these Terms.
  • Create or develop competing products or services, or use the Services in any way that could harm FREYA MEDS or its commercial interests.
  • Damage, disrupt, disable, or impair the Services, or interfere with any other party’s use of the Services.
  • Use framing techniques to enclose any trademark, logo, or other proprietary information of FREYA MEDS without our express written consent.
  • Post, transmit or otherwise make available any content that is unlawful, harmful, abusive, libelous, defamatory, obscene, or otherwise objectionable.
  • Harm or intimidate another person in any way, including through stalking, harassment, or other intrusive behaviors.
  • Disrupt, interfere with, or attempt to gain unauthorized access to the Services or any related computer network.
  • Bypass or breach any security device or protection used for or contained in the Services.
  • Remove, alter, or obscure any proprietary notices on the Services.
  • Use any manual process or automated device to monitor or copy any content available on the Services for unauthorized purposes.
  • Transmit or send any unsolicited advertising or promotional material, commonly referred to as “spam.”
  • Copy or store any significant portion of the content.
  • Encourage or enable any other individual to do any of the above activities.

  1. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREYA MEDS AND ITS AFFILIATES, INCLUDING ALL RELATED PERSONNEL, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FREYA MEDS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-FREE, OR THAT ANY DEFECTS, IF ANY, WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREYA MEDS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

  2. Limitation of Liability TO THE EXTENT PERMITTED BY LAW, FREYA MEDS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL FREYA MEDS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

  3. Indemnification You agree to defend, indemnify, and hold harmless FREYA MEDS, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Use.

  4. Third-Party Links and Features on the Services The Services may contain links to third-party websites or resources. FREYA MEDS provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

  5. Changes to the Terms of Use and the Services FREYA MEDS may update the Terms of Use and the Services from time to time to reflect changes to our practices, technology, legal requirements, or other factors. If we make changes, we will revise the date at the top of the Terms of Use. We encourage you to review the Terms of Use periodically to stay informed about our practices. Your continued use of the Services after the changes become effective signifies your agreement to the revised Terms. If you do not agree to the new terms, you should stop using the Services.

FREYA MEDS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that FREYA MEDS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

  1. Payments You agree to pay all fees due for services requested at the fees and pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including recurring fees associated with Subscription Services (as defined below).

You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s) that provide services to you in connection with the Services. Your payments to FREYA MEDS may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which FREYA MEDS collects on their behalf. Any health care services or pharmacy services not provided by us, an affiliated physician practice, or the FREYA MEDS Pharmacy Network, or otherwise made available through the Services are not included in the payments collected by FREYA MEDS and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services. In the event that your credit card expires or FREYA MEDS, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. FREYA MEDS and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.

Certain products or services offered on the Services may be offered on a subscription basis (“Subscription Services”). For Subscription Services, your payment method will be automatically charged at regular intervals as described during the checkout process for the applicable Subscription Services. You may cancel a subscription at any time before the cancellation cutoff date as indicated to you at the time you purchase a Subscription Service. You will also be informed about how you can cancel these Subscription Services.

EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

  1. Termination The Terms of Use will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms of Use at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms of Use.

FREYA MEDS may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms of Use. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, FREYA MEDS reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, FREYA MEDS will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold FREYA MEDS harmless from any and all liability that FREYA MEDS may incur therefore.

  1. Governing Law; Dispute Resolution; Arbitration; Venue; Severability IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FREYA MEDS TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FREYA MEDS. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND FREYA MEDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Governing Law. These Terms of Use and your use of the Services shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Wilmington, Delaware, and you consent to the jurisdiction of those courts.

Binding Arbitration, Generally. Except as described in the “Exceptions” section below, you and FREYA MEDS agree that every dispute arising in connection with these Terms of Use, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory, regardless of whether a claim arises after the termination of these Terms of Use, and regardless of whether a claim arises before or after the effective date of these Terms of Use. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in a state or federal court in Wilmington, Delaware.

Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting FREYA MEDS.

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). FREYA MEDS’s address for Notice is: FREYA MEDS International Inc., care@freyameds.com. A copy of all Notices of Arbitration must also be sent to FREYA MEDS via email at care@freyameds.com. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or FREYA MEDS may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, FREYA MEDS will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if FREYA MEDS has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and FREYA MEDS may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or FREYA MEDS must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief. Except as provided in the “No Class Actions” section

  1. Communications By Text Message And Email By opting-in to receive text (SMS) messages from FREYA MEDS or by sending FREYA MEDS an initial text message (“SMS Enrollment”), you consent to receiving text messages regarding your FREYA MEDS account and use of the Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from FREYA MEDS.

With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from FREYA MEDS, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from FREYA MEDS, or from FREYA MEDS to you, and (4) neither FREYA MEDS nor your or FREYA MEDS’s mobile carriers will be liable for delayed or undelivered messages.

Access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from FREYA MEDS, and you can opt-out of any of FREYA MEDS’s SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from FREYA MEDS, you will need to opt-out of each FREYA MEDS SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from FREYA MEDS that you have opted-in to receive but have not unsubscribed from.

You also understand that while FREYA MEDS takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from FREYA MEDS are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to FREYA MEDS, and receiving text messages from FREYA MEDS, that are not encrypted. Likewise, by emailing FREYA MEDS or giving FREYA MEDS your email, you consent to receiving unencrypted email messages from FREYA MEDS.

If you are experiencing any issues with FREYA MEDS’s text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at care@freyameds.com. If you have questions specific to your text or data plan, please contact your wireless provider.

  1. Miscellaneous Terms No waiver. No waiver by FREYA MEDS of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by FREYA MEDS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

No agency relationship. Neither these Terms of Use, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies. You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment. You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. FREYA MEDS and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of FREYA MEDS is transferred to another entity by way of merger, sale of its assets, or otherwise.

Notice for California Users. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.

Headings. The heading references herein are for convenience purposes only, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This is the entire agreement between you and FREYA MEDS relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with FREYA MEDS.

  1. Contact Us If you have any questions about these Terms of Use, please contact us at:

FREYA MEDS International Inc – contact@freyameds.com:

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