The products available through the Service require a valid prescription by a licensed healthcare provider (“Provider”). You will not be able to obtain a prescription product unless you have completed the full process including reviewing the information on the website, providing the Medical Intake, History and Condition Form, virtual visit with the Provider including physical if required, discussing your questions and concerns with the Provider, reviewing the Weight-Loss Consumer Bill of Rights (where applicable) and executing the Informed Consent. The Provider, and not APM, will determine whether the prescription product is appropriate for you, and the Provider may issue a prescription. It is your responsibility to provide truthful and accurate information to the Providers so that the best decision can be made regarding the issuance of a prescription for you.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through one of the Pharmacies by using the Service or, as noted, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or emailing support@eesi.com. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.
If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product is shipped to you by the applicable Pharmacy and the costs associated with the prescription are included in the total charged to you by Us for the Service in accordance with pricing shown on the Websites. If you fill a prescription with a pharmacy other than the Pharmacies, the Service will send you the prescription, but you will be responsible for having the prescription filled and paying the pharmacy for it.
Prescription products available through the Service are “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 only available to individuals who are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with, or obtain medical care and treatment from a healthcare provider. Certain medical conditions may require an in-person procedure or a healthcare consultation other than with your Provider. Your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the issue you presented through the information you provided to Us.
Third-Party Goods and Services and Beneficiaries
We are not responsible for, and does not warrant in any way or make claims as to efficacy, any goods, services or products provided by third-parties including pharmacies.
Any use of third-party software provided in connection with the Service, or any third-party product or service accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, and not by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement.
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of the American Pharmacy Marketing, the Providers, and the Pharmacies, and the agreement to arbitration, we hereby expressly agree there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, including the Providers or Pharmacies, and, except as specifically set forth in this Agreement, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.