Terms of Service

Please read these Terms of Service (the "Agreement") carefully. Your use of the Website (as defined below) constitutes your consent to this Agreement. This Agreement is between you and KindleeRx, LLC ("KindleeRx", "Kindlee", "we", "us", "our") concerning your use of, including any access to, the Kindlee site currently located at https://kindleerx.com (together with any materials and services available there, and any successor site or sites, the "Website"). This Agreement incorporates by reference any additional terms and conditions posted by Company through the Website or otherwise made available to you by Company ("Additional Terms").

Please note that the Website may identify or make available products or services of certain healthcare providers ("Provider Entities"). Any Provider Entities are independent third parties, and any such products or services, which may include healthcare services, drugs, or medical devices, are considered Third Party Materials as defined below. Company itself is not a healthcare provider and is not responsible for any such Third Party Materials.

Eligibility and parental authorization.

By using the Website, you affirm that you are at least eighteen (18) years old and capable of entering into this Agreement, or that you are the parent or legal guardian of a minor and have reviewed and accepted this Agreement on the minor's behalf. Because KindleeRx facilitates medical care, individuals of any age may be evaluated and treated through the Website, provided that a parent or legal guardian provides consent and participates as required by law.

Parents or legal guardians must create and maintain the account for the minor, complete all required consents including telehealth, privacy, and treatment, and supervise the minor's participation. The Website is not directed to children under 18 years of age. No child under 18 may create an account or submit information directly. If you are a parent or legal guardian and believe a child under 18 has provided personal information without your consent, contact support@kindleerx.com and we will assist promptly.

Healthcare role clarification.

Kindlee facilitates connections between users and independent licensed healthcare providers. Kindlee does not practice medicine, dispense medications, or make clinical determinations. Any diagnosis, treatment, or prescription provided through the Website is performed by licensed clinicians affiliated with independent Provider Entities.

Arbitration notice.

This Agreement contains a mandatory arbitration provision and a class action waiver. See Section 9.

1. Changes

   We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement or otherwise notified you of the changes.

   Your use of the Website after any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Website, including access to the Website via any third party links, charge, modify, or waive any fees required to use the Website, or offer opportunities to some or all users.

2. Information submitted through the website

   Your submission of information through the Website is governed by Company's Privacy Policy, located at https://kindleerx.com/privacy (the "Privacy Policy"). You represent and warrant that any information you provide in connection with the Website is and will remain accurate and complete and that you will maintain and update such information as needed.

3. Jurisdictional issues

   The Website is controlled or operated, or both, from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Website may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Website's availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose. Services are only available to residents of states where KindleeRx is currently authorized to operate. A list of active states is available on our homepage and is updated regularly.

4. Rules of conduct

   In connection with the Website, you must not:

   • Contact or seek to contact any healthcare professional associated with Company outside of the Website. This protects patients and healthcare professionals and helps ensure diagnosis and treatment are delivered in a reliable, continuous, and controlled environment.
   • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
   • Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the Website.
   • Upload, post, e-mail, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
   • Upload, post, e-mail, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
   • Upload, post, e-mail, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
   • Upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising or promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
   • Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
   • Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
   • Intentionally or unintentionally violate any applicable local, state, national, or international law.
   • Stalk or otherwise harass another.
   • Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
   • Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission. We grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
   • Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
   • If you become aware of any inaccuracies, errors, omissions, or inconsistencies in the information or content provided through the Website, notify Company immediately and comply with any corrective action taken by Company.
   • You are responsible for obtaining, maintaining, and paying for all hardware and telecommunications and other services needed to use the Website.
5. Products

   The Website may make available listings, descriptions, and images of goods or services or related coupons, discounts, or trials of goods or services (collectively, "Products"), as well as references and links to Products. The availability of any Product, including the validity of any coupon or discount, is subject to change at any time without notice, and the inclusion of any Product on the Website at a particular time does not imply or warrant that the Product will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws, including minimum age requirements, regarding the possession, use, and sale of any Product. By placing an order, you represent that the Product ordered will be used only in a lawful manner.

   Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or Products included on the Website. You expressly agree that your use of the Website is at your sole risk.

   TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

   Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

6. Profiles and forums

   You may need to register to use all or part of the Website. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use.

   The Website may include forums, blogs, message boards, news groups, product ratings, or other interactive areas ("Interactive Areas") in which you or third parties may create, post, or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, or other items or materials on the Website ("Submissions"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. Interactive Areas are available for individuals aged 18 years or older. By submitting any Submission, you represent and warrant that you are 18 years of age or older, or that your parent or legal guardian has consented and supervises your participation as required by law.

   By submitting any Submission, you grant Company a royalty free, perpetual, irrevocable, non exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submission, in whole or in part, worldwide, and to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable privacy policy. Company is free to use any ideas, concepts, know how, content, or techniques contained in any Submission for any purpose, including the development, production, and marketing of products and services that incorporate such information, without attribution or compensation to you.

   You represent and warrant that you own or otherwise control all of the rights to any Submission that you submit. As of the date the Submission is provided to Company: (i) the Submission is accurate; (ii) use of the Submission you supply does not breach this Agreement and will not cause injury to any person or entity; and (iii) you will indemnify Company for all claims resulting from any Submission you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content, including Submissions. Company takes no responsibility and assumes no liability for any Submissions posted by you or any third party.

7. Third party materials; Links

   Certain Website functionality may make available access to information, products, services, and other materials made available by third parties, including Submissions ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.

   We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any intellectual property rights in them. Certain Third Party Materials may be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials.

   We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials, in whole or in part, through the Website at any time. The availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

   Your business dealings or correspondence with, or participation in promotions of, third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Website.

8. Limitation of liability

   TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

   1. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, INCOME, OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY THIRD PARTY MATERIALS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, INCLUDING SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE; AND
   2. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY THIRD PARTY MATERIALS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID BY YOU TO COMPANY FOR THE WEBSITE IN THE SIX (6) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE LIABILITY.

   The foregoing limitations apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Website or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Website.

   If you are a user from New Jersey, the foregoing sections titled "Disclaimer of Warranties" and "Limitation of Liability" are intended to be only as broad as permitted under the laws of the State of New Jersey. If any portion of these sections is held to be invalid under New Jersey law, the invalidity of such portion shall not affect the validity of the remaining portions.

9. Governing law; Arbitration

   This Agreement is governed by the laws of the United States, including federal arbitration law, and the State of Florida, without regard to conflict-of-law principles.

   Except for disputes that qualify for small claims court, any dispute arising out of or relating to this Agreement or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org). The arbitration may be conducted in person in Collier County, Florida, or by video conference if all parties agree.

   You and Kindlee agree that:

   • Arbitration will be conducted only on an individual basis, not as a class, consolidated, or representative action.
   • Each party waives the right to a jury trial.
   • Either party may seek temporary injunctive relief in court to protect confidential information or intellectual property while arbitration is pending.
   • The party initiating arbitration must pay the applicable AAA filing and administrative fees. Remaining arbitration fees and costs will be allocated by the arbitrator in accordance with the AAA rules and applicable law. Each party will bear its own attorneys' fees and related expenses unless otherwise required by law or awarded by the arbitrator. The arbitrator will apply applicable law and issue a written award, which may be entered in any court of competent jurisdiction.
10. Copyright Infringement Claims

    The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you or your agent may send Company a written notice by mail or e-mail requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to support@kindleerx.com. Consider consulting your legal advisor before filing a notice or counter-notice. There can be penalties for false claims under the DMCA.