Compounded Medications Terms of Service
Last Updated: April 1, 2024
These Terms of Service (“Terms”) constitute a binding contract between you and OpenLoop Health, Inc., OpenLoop Healthcare Partners, and its related professional entities (“Providers”) utilizing telehealth technologies facilitated by Everly Well, Inc. and its affiliates (“Everly”) in connection with your purchase and use of compounded medications prescribed pursuant to your membership in Weight Care+ described herein, and fulfilled by Empower Clinic Services, LLC, dba Empower Pharmacy (“Pharmacy”), collectively, the “Services”.
1. Prescriptions
If you are prescribed a medication by your Provider, you agree that such prescriptions are solely for your personal use and you will not share or distribute any medication to any other person. You agree to fully and carefully read all provided medication information and labels and to contact a physician or pharmacist with any questions about your medication.
2. Product Availability
We make no guarantee as to the availability of specific medications available through the Pharmacy, and Pharmacy’s supply is subject to change at any time. Some medications may be offered only in limited states.
3. Eligibility
Individuals who are under the age of 18 are not eligible for the Services. By agreeing to these terms, you confirm that you are age 18 or over.
Individuals who reside outside of the United States are not eligible for the Services, and these Services are intended only for individuals located and residing in the United States. Additionally, all or certain parts of the Services may not be available in certain U.S. states. You may be ineligible for the Services based on the information that you provided (e.g., your Provider may determine that a prescription is not appropriate based on your medical history) or otherwise. You will be notified if it is determined that you are not eligible for the Services, or if a Provider determines that your eligibility status has changed.
4. Fees
Fees will be stated at the time of your purchase, as applicable. Providers will collect your payment for the Services on behalf of Pharmacy, as applicable, as its collection agent. The fees may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable.
The Services are paid for by you and are not intended to be reimbursed by any health plan. Provider nor Pharmacy submits or processes insurance paperwork or claims related to these Services. You understand that the Services may not be eligible for reimbursement by an insurer or health plan and you hold the sole financial responsibility for payment of the Services. You agree that you will not submit any invoice or claim for reimbursement to any insurer or health plan (including, but not limited to, Medicare, Medicaid or any private health insurer or plan).
5. Termination by Us
We reserve the right to discontinue the Services, in whole or in part. If possible, we will give you a reasonable opportunity to transition care to another pharmacy, unless we terminate your access to the Services for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Services, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.
6. Changes
We may, in our discretion, change the Terms and any aspect of the Services, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Services after we change the Terms constitutes your acceptance of the changes. If you do not wish to agree to a change, you must not use the Services.