ACCEPTANCE OF TERMS
By accessing, downloading, installing, or using the Risemenshealth.com, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, as they may be amended by Kallal Bros, LLC (“Company”) from time to time, which You acknowledge that You have read and understood.
We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at https://www.risemenshealth.com/terms-conditions/ on a regular basis to keep Yourself informed of any changes.
Rise eTRT Platform telemedicine Definition
Rise eTRT is a platform company that makes available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by Rise Men’s Health or by third-party medical providers, pharmacies, or other vendors. Our Service provides access to prescription fulfillment services offered by the following pharmacies: Empower Pharmacy, AD (the “Pharmacies”). We may also provide you with access to one or more of the following medical groups who provide healthcare services through the Platform (the “Medical Groups”).
With respect to the Pharmacies, the Medical Groups and the Providers, we act solely as a platform company to connect you with the products and services offered by the Pharmacies, Medical Groups and Providers through the Service. We do not control or interfere with the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. Rise eTRT makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by the Medical Groups or any Providers. By accepting this Agreement, you acknowledge and agree that Rise eTRT is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Rise eTRT. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers.
By accepting this Agreement, you acknowledge and agree that, the Medical Group and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Rise eTRT nor the Medical Group nor any Provider will be responsible in any way and you will not hold Rise eTRT, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).
Providers may prescribe medications when medically indicated in their sole professional judgment, however, due to varying state laws, prescriptions may not be available in your state. In the event that a Provider does prescribe a medication, he/she will comply with all applicable federal and state laws and will only prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. Rise eTRT does not guarantee that a provider will issue a prescription.
You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Your Insurance Coverage:
Is an agreement between you and your insurance company. Rise eTRT agrees to file the claim for you and accept the contracted payment.
It is your responsibility to remit payment for deductibles, co-pays, and charges not covered by the plan.
In order for Rise eTRT to process your claim, it is important that you present your insurance card at each encounter. The card must match the patient being seen.
If a problem occurs with your claim, coverage is terminated or denied it is your responsibility to contact your insurance and insure payment or initiate a payment plan with our practice until your insurance problem is resolved. Past due accounts are subject to credit processing.
Consent to treatment: I hereby grant permission to the physician in charge of my case and such assistants as he or they may designate, to perform and administer all treatments and diagnosis, which in their fair judgment may be considered necessary or advisable for the patient’s well being.
Release of information: I hereby authorize Provider or associates in charge of my care to release information contained in my medical records to the insurance company or companies, agents or independent contracts thereof, for the purpose of processing my claims for insurance benefits.
Financial agreement: The undersigned hereby agrees that in consideration for services rendered, payment of the account is guaranteed in accordance to the regular rates and terms of Provider. The undersigned clearly understands that payment obligation is the responsibility of the patient and or undersigned.
Assignment of benefits: I hereby assign to Provider or associates associated with my care and treatment any interest and/or benefits provided under my insurance policy or policies. I also understand that any balance not covered by insurance is due and payable by me.
No medical advice
The contents of our website, including any risk estimates or other reports generated by the services (collectively, “Your Report”) and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks and references (collectively, “Content”), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment nor are they intended to be interpreted as a recommendation for a particular treatment plan. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED LINKED TO, ADVERTISED ON THIS SITE. NEITHER THE SITE NOR THE SERVICES ARE A MEDICAL PROGRAM AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, CONSULT YOUR PHYSICIAN. To satisfy the laws of certain states, we may engage the services of a licensed physician or other person authorized by law to order the services or to receive your blood test results, prior to making these results available to you. However, these interactions are not intended to create, nor do they create, any doctor-patient relationship. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have any medical or psychiatric condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of any information provided to you in Your Report or any other Content. Furthermore, you should not interpret Your Report or your blood test results or any other Content as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.
PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
I agree that these Terms of Services are construed under the laws of the state in which I reside and that if any portion is held invalid or unenforceable, the remainder shall, notwithstanding, continue in full legal force and effect.
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Dallas, Texas in all disputes arising out of or related to the use of the site.
The site is intended only for users aged 25 or older. Individuals under the age of 25 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
USE OF SOFTWARE
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of Site or Service are: Copyright © 2018 Kallal Bros, LLC, 220 Sorrel Trail Keller, Texas 76248. All rights reserved.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
UNITED STATES USE ONLY
The Site is controlled and operated by Company from its offices in the State of Texas. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Texas and the United States.
Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.
Rise Health members are prohibited from filing claims to their insurance for services rendered in the office. RISE Men’s Health (Kallal Bros, LLC) will not file claims to your insurance carrier for services rendered in the office for the duration of this agreement. Should you wish to begin using insurance benefits for services in the office, your subscription must be canceled according to the terms of this agreement and are subject to the cancellation policy.
SUBSCRIPTIONS AND TRIALS
Your Rise Health membership, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the Rise Health membership service. We will bill the monthly membership fee to the payment method used when signing up unless updated or changed by subscriber. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your payment method.
Trial Subscriptions: Your Rise Health membership may start with a trial. The trial period of your membership lasts for 30 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Trials are for new and certain former members only. Rise Health reserves the right, in its absolute discretion, to determine your trial eligibility.
Monthly Subscriptions: You have THIRTY (30) Days from the date of the original purchase to request a refund for your Hmealthy monthly subscription. Any refund request after the THIRTY (30) DAY time limit will not be processed. You may cancel at any time after the initial THIRTY (30) Days has passed.
TERMS OF SUBSCRIPTION RENEWAL
Trial members will be billed with their Payment Method on a monthly basis for the membership fee after the free trial has ended until it is cancelled. To cancel your subscription, submit a ticket to firstname.lastname@example.org
Monthly Rise health Subscriptions automatically renew each month at the stated retail price until the subscription buyer notifies the company that they wish to cancel.
Subscription Fee Amounts. The amount of each Subscription Fee will be set by Rise Men’s Health in its sole discretion. Information about Rise Men’s Health current Subscription Fee rate amounts is available at www.risemenshealth.com. By accepting the terms and conditions of this Agreement, you understand and acknowledge that Rise Men’s Health reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as Rise Men’s Health sees fit in its sole discretion. By accepting the terms and conditions of this Agreement, you understand and acknowledge that Rise Men’s Health reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as Rise Men’s Health sees fit in its sole discretion.
Free Trials and Discounts. Rise Men’s Health reserves the right, but not the obligation, to afford you a promotional free trial period(s) or discounted Subscription Fee amount(s) for accessing and using the subscription-only pages of the Site or the App. Rise Men’s Health will not charge you a Subscription Fee for any such promotional free trial period. However, upon the expiration of any such promotional free trial period or discounted Subscription Fee amount, you must further agree to the terms and conditions of this Agreement and pay the applicable Subscription Fees in order to receive the continued right to access and use the subscription-only pages of the Site, or the App, as applicable.
- Third-Party Payment Processing Vendor. All credit card, debit card and other monetary transactions on or through the Site and/or the App – whether with Rise Men’s Health – occur through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Site and/or the App. Rise Men’s Healths relationship with its third-party payment processing vendor(s), if any, is merely contractual in nature, as it is nothing more than a third-party vendor and is in no way subject Rise Men’s Healths direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.
- Refusal of Products and Services. Rise Men’s Health has the right to refuse its products and services (including, without limitation, the Site, the Apps, and any products and services offered by Rise Men’s Health) if it suspects that you are in any way involved in fraudulent or illegal activity, including, but not limited to, the use of stolen credit cards or prescription medication fraud. Rise Men’s Health may contact your payment method issuer, law enforcement, or others and share information relating to your payments if Rise Men’s Health believes doing so will prevent a violation of the law or financial loss.
- Payment Authorization. If you provide Rise Men’s Health with your payment information, then you authorize Rise Men’s Health to do the following as Rise Men’s Health deems necessary, although Rise Men’s Health has no obligation to do so: (a) share your payment information with Rise Men’s Health, especially if you purchase any products or services from Rise Men’s Health on or through the Site or the App; (b) share your payment information with the third-party payment processing vendor(s); and (c) obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s) and/or applicable third-party providers.
- Payment Obligations. You agree that you are responsible for all amounts that accrue under your account(s) with Rise Men’s Health, the third-party payment processing vendor(s) and/or other third parties on or through the Site and/or the App. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through the Site and/or the App, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.
- Waiver of Claims; Unauthorized Payments. To the fullest extent permitted by law, you agree to waive all claims against Rise Men’s Health related to any unauthorized payments made on or through your account(s) with Rise Men’s Health, Rise Men’s Health’ third-party payment processing vendor(s), Rise Men’s Health or any other third parties and/or any other person or entity, regardless of whether they are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Rise Men’s Health, and Rise Men’s Health will undertake a reasonable investigation as it sees fit under the circumstances of and, if Rise Men’s Health deems appropriate, assist in correcting the alleged unauthorized payment, provided that such claim (“Unauthorized Payment Claim”) is received by Rise Men’s Health within fifteen (15) days of the subject charge or payment. Each Unauthorized Payment Claim must be submitted to any one of the following:
- By mail: Rise Men’s Health – 1104 N Highway 377, Ste 200 Roanoke, TX 76262
- By e-mail: email@example.com, with a subject line of “Claim Concerning Unauthorized Payment.”
- For each Unauthorized Payment Claim, please state “Claim Concerning Unauthorized Payment” in the e-mail or letter subject line, and clearly state the following in the body:
- the date and approximate time of the subject transaction;
- the services tendered or to be tendered under the subject transaction;
- the total monetary amount of the subject transaction;
- whether the subject transaction was made on or though the Site;
- whether the subject transaction was made on or though the App and, if so, the version of the App;
- the parties to the subject transaction, including buyer and seller;
- a detailed explanation for why you believe the charge or payment made under the subject transaction is unauthorized;
- the monetary amount of the subject transaction you believe is subject to a refund;
- your name, street address, city, state, zip code and e-mail address; and
- whether you prefer to receive a response to your request by mail or e-mail.
- If you send an Unauthorized Payment Claim by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery, and tracking. Rise Men’s Health will not accept an Unauthorized Payment Claim via telephone or facsimile. Rise Men’s Health is not responsible for any Unauthorized Payment Claim that is incomplete, incorrectly labeled, incorrectly sent or untimely.
- Accurate Payment Information. You represent and warrant to Rise Men’s Health that any payment information you provide on or through the Site and/or the App is current, complete and accurate; and that you will promptly notify Rise Men’s Health if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
- Refunds. All sales and payments made on, through or regarding the Site, the App and/or your User Account are final, irrevocable and not subject to or eligible for a refund.
All digital products sold by Rise Health and using the Rise Health brand name are subject to the refund policy that can be accessed here.
All physical, store products sold by Risemenshealth.com and using the Rise Health brand name are subject to the money-back guarantee that can be accessed here.
ONLINE SERVICES FOR LABORATORY RESELL
THIS SERVICE IS NOT AVAILABLE IF YOU ARE UNDER 18 OR LIVE IN MA, MD, NY, NJ, OR RI. The material on this page is educational and does not constitute medical advice, diagnosis or treatment. Please consult your physician if medical advice, diagnosis or treatment is needed. Health screening lab tests may or may not alert you and your doctor to serious medical conditions and are not intended to be a substitute for a physician’s examination.
Our website is funded by selling laboratory testing. We are a reseller of the top CLIA approved laboratory testing services in the USA.
This User Agreement (“Agreement”) constitutes a legally binding agreement between you and Kallal Bros, LLC dba Rise Men’s Health (collectively, the “Company,” “we”, “us” or “our”). This Agreement governs your access and use of the Kallal Bros, LLC dba Rise Men’s Health website and online services (the “Site”).
Our Terms and Conditions governing access to and use of websites and online applications are a part of this Agreement and are incorporated by reference. By agreeing to this Agreement, you agree that you understand and agree to be bound by the Terms and Conditions with respect to your access to and use of the Site. In the event of any inconsistency between this Agreement and the Terms and Conditions, this Agreement shall govern with respect to your access to and use of the Site.
YOU AGREE TO BE BOUND BY THIS AGREEMENT WHEN YOU CLICK “I AGREE” AND/OR CONTINUE TO ACCESS OR USE THE SITE. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.
- Description of the Site
We are providing the Site so that you can educate yourself on health care and medical issues that may affect your daily life. Information provided to you through the Site should not be regarded as medical or health care advice or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding interpretation of your laboratory test results, a medical condition, or other health related issues. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of information you accessed on or through the Site.
- Changes to this Agreement
We may, at any time and from time to time, supplement, amend, or otherwise change this Agreement. Any changes to this Agreement will be effective immediately upon providing notice of the changes to you either when you log in to the Site or by sending notice of the changes to contact information that you have provided to us. You agree to comply with, and be bound by, the modified Agreement either (i) by continuing to use or access the Site after receiving notice of the changes as described above or (ii) by not requesting to terminate your Site account within seven (7) calendar days after receiving a notice of the changes as described above.
- Changes to the Site
We may add features to or delete features from the Site at any time, without notice to you.
- Right to Use the Site
By agreeing to this Agreement, you confirm that you are a resident of the United States and are at least 18 years of age. You warrant and represent that all of the information you provide is correct including your state of residence, and that you are using the Site for yourself and agree not to use the Site to initiate a lab test request for another person. You agree not to resell the Services provided hereunder. By requesting a test through the Site, you are requesting that results be reported directly to you.
You agree to comply with this Agreement, the Terms and Conditions, all applicable laws, and other applicable Company policies, practices, and notices provided or referenced herein at all times when using the Site. We retain the right to block or otherwise prevent delivery of any type of e-mail or other communication to or from the Site as part of our efforts to protect the Site, protect our patients, or stop you from breaching this Agreement.
- Privacy Statement
Our Privacy Statement and, with respect to protected Health Information, our HIPAA Information describe how we collect information about you through Online Services, and how we use, disclose, and protect that information.
- Physician Order and Availability of Services
The services provided by the Site are available only with a physician order. Your request for a lab test will be valid for six (6) months from the date that we receive the physician order.
The Services are only available in the United States and are not available in New York, New Jersey, Massachusetts, Maryland, and Rhode Island. We reserve the right to expand or restrict the availability of services at any time and for any reason.
A valid credit card number, expiration date and card security code or a valid Paypal account is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card or Paypal account you provide, we may cancel your order or request an alternate form of payment. The Company’s designated payment processor will collect your payment information and related personal information for its use in processing your payment for the products or services ordered by you.
You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order. We reserve the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.
- Purchase and Refund Policies
Refunds will be considered upon request and are only permitted when requested prior to submission of urine or blood specimens to a Patient Service Center for testing. No refunds are provided, however, for the physician order component. In addition, no refunds, credit, or additional services are provided after six (6) months from the date of the test order.
- Right to Change Terms and Conditions
Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether the order has been confirmed and your payment has been processed. If your payment has already been processed for the purchase and your order is canceled, our designated payment processor will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site’s return policy.
- Reporting of Test Results to Local, State and/or Federal Authorities
You acknowledge and accept that the ordering physician and the laboratory may be compelled by law or regulation to report your laboratory result to the local, state, or federal health authority. For example, many states require the testing laboratory and physician to report most positive STD tests to the local health department.
You acknowledge and accept that test results outside of normal limits do occur and a physician may reorder lab tests for confirmation.
- Arbitration and Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SITE, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SITE SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION USES A SINGLE, NEUTRAL ARBITRATOR TO DECIDE A DISPUTE (INSTEAD OF A JUDGE OR JURY); ARBITRATION ALLOWS FOR MORE LIMITED DISCOVERY THAN IN A COURT CASE; AND THE ARBITRATION PROCESS AND RESULT IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. IN AN ARBITRATION YOU HAVE THE RIGHT, AT YOUR EXPENSE, TO BE REPRESENTED BY AN ATTORNEY OF YOUR CHOOSING. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF UNDER THIS AGREEMENT THAT A COURT CAN AWARD UNDER THIS AGREEMENT. YOU AND THE COMPANY AGREE THAT ANY IN-PERSON ARBITRAL HEARING WOULD OCCUR IN THE UNITED STATES IN THE SAME COUNTY AND STATE AS YOUR BILLING ADDRESS. THE COMPANY FURTHER AGREES THAT YOUR FILING FEE FOR AN ARBITRATION WILL BE CAPPED AT THE AMOUNT SET BY THE AMERICAN ARBITRATION ASSOCIATION. YOU AGREE THAT, BY AGREEING TO THIS AGREEMENT, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF YOUR USE OF THE SITE. REGARDLESS OF THE FORUM, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
- Disclaimer of Warranty; Limitation of Liability
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ACCESS TO THE SITE MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY NOT BE ERROR-FREE. NONE OF THE COMPANY, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
DIGITAL MILLENNIUM COPYRIGHT ACT
Rise Men’s Health reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Rise Men’s Health otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Rise Men’s Health.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:
Any notification to Rise Men’s Health under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on our Sites;
- Information sufficient for Rise Men’s Health to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
Rise Men’s Health
1104 N Highway 377, Ste 200 Roanoke, Texas 76262