Revised: January 8, 2022
USE OF THE APP
Super Pill Health Inc. (“SuperPill,” “we “, “us“, or “our “), owns and operates this website located at SuperPill.com (“Website,” and collectively with any affiliated mobile application (“App”), the “Site”). The Site is intended to facilitate diagnosis and treatment of erectile disfunction (“ED”) by connecting registered users with licensed healthcare providers. The “Service” includes (i) providing individuals with information on ED treatment and wellness (“Content”); (ii) facilitating communication with healthcare providers; (iii) administrative support in connection with scheduling and payment for ED treatment services; and (iv) telecommunication support for accessing health care providers.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
SUPERPILL IS NOT A HEALTHCARE PROVIDER. SuperPill only coordinates and enables communication between you and a healthcare provider for treatment and diagnosis of ED. At no time, Services should replace your relationship with any physician.
Our Service is currently only available to individuals located in California. Health care providers providing Services through the Site are licensed to practice in the state of California, in which they treat patients.
SPECIAL CONSENT TO 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 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 SuperPill Service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
YOUR RELATIONSHIP WITH SUPERPILL
SuperPill provides a platform for you to consult with a health care provider affiliated with SuperPill or similar affiliated professional entity 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 Service are not a substitute for direct in-person health care services. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a SuperPill or affiliate health care provider through the Service, you are not entering into a provider-patient relationship with SuperPill.
In some cases, a health care provider may use the Service to provide advice or treatment to you. A health care provider consulting with you through the Service may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, SuperPill strongly encourages you to provide all relevant information and discuss all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing SuperPill may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Service may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose your condition, disease or injury.
ORDER FULFILLMENT BY PHARMACY
You also acknowledge and agree that we do not provide any medical advice, opinion, diagnosis or treatment, and that that no pharmacy-patient relationship or doctor-patient relationship is, or will be, established between SuperPill and you as a result of your use of the Services or otherwise. You should check product information (including package inserts) regarding dosages, precautions, warnings, interactions and contraindications before administering or using any medications. If you have any questions regarding your prescriptions, you should consult your healthcare professional or pharmacist, whose contact information may be listed on the prescription, the packaging of your prescription medicine or under your account.
Content on the Site does not constitute medical advice.
REGISTRATION AND USER ACCOUNTS
You agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. 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. Creating more than one account substantially limits our ability to provide proper services. SuperPill explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM
ACCESS RIGHTS AND PROHIBITED USE
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. SuperPill shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to SuperPill via the Service or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
OWNERSHIP OF SITE CONTENT
Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks “) of SuperPill or other entities. You are not authorized to use any such Marks without the express written permission of SuperPill. Ownership of all such Marks and the goodwill associated therewith remains with us.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF SUPERPILL.COM, ITS APPS, AND ANY AFFILIATED SITES AND APPS IS AT YOUR SOLE RISK. WE PROVIDE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUPERPILL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SUPERPILL OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless SuperPill, its affiliates, subsidiaries, and its directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of the Service, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms.
You may only use Services in the states where We Operate. SuperPill makes no representation that Services are appropriate or available for use in locations outside the states where we operate.
PACKAGING AND FULFILLMENT RESTRICTIONS
By using the SuperPill Pharmacy Network (i.e., third party pharmacies with whom we contract), you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children. Below is our contracted pharmacy address:
Curexa (EHT Pharmacy LLC)
236 E Jimmie Leeds Rd., STE C
Galloway, NJ 08205
7601 North Sam Houston Pkwy W, Ste 100
Houston, TX 77064
Victor, MT 59875
Priority Care Pharmacy
5902 Van Nuys Blvd
Sherman Oaks, CA 91401
Tel (818) 508-8665
Fax (818) 508-8661
DELIVERY OF YOUR ORDER
Your order may be shipped through regular mail carriers or other available delivery services. If no one is present at your delivery address at the time of the delivery to receive your order, the courier may leave your order at your door or other secure location in accordance with the general guidelines issued by the delivery services, if the courier believes it is reasonable to do so.
GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide SuperPill with written notice of your desire to do so by email or regular mail at email@example.com, 1821 W. Verdugo Ave. Suite 102, Burbank CA 91506, within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide SuperPill with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute.
WHO MAY USE SERVICES
You may use Services only if you are 18 years or older, are capable of forming a binding contract and are not barred from using Services under applicable law.
NO AGENCY RELATIONSHIP
Below is the mailing address and phone number for our headquarters.
1821 W. Verdugo Ave., Suite 102
Burbank CA 91506 USA
Tel: 1 (800) 692-1890
DIGITAL MILLENNIUM COPYRIGHT ACT
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 appearing on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counternotice. Notices and counter-notices the Internet infringes their rights under U.S. copyright law. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Super Pill Health Inc.